Nigeria’s Inspector General of Police Usman Baba has been dragged to court for staying in office beyond the retirement age permissible by law.
A constitutional and human rights lawyer, Festus Ogun, who filed a suit marked FHC/AB/CS/24/23 at the Abeokuta Judicial Division of the Federal High Court, wants the court to declare that Baba-Usman’s continuous stay in office after his constitutional retirement age is illegal and unconstitutional.
The lawyer is asking the court to order the police boss to refund all payments received as salaries and allowances after the date of retirement. He is insisting that the rule of law must be obeyed and respected irrespective of the person involved.
Ogun who posted the court documents on his Twitter handle on Friday wrote: “I have now filed a lawsuit against the IGP at the Federal High Court seeking for the court’s intervention over his continuous stay in office after his retirement. I firmly believe that his continuous stay in office is illegal and unconstitutional. Rule of law must reign supreme.”
The activist stated, “Nigeria’s IGP has reached his retirement age. Yet, he is not willing to step out of the Police Force. He says he has a four-year tenure like an elected President. Why should a retired Policeman continue in office as Inspector General of Police? Rule of Law is now a joke in Nigeria.”
He insisted that the Inspector General of Police cannot stay in office after turning 60, adding “that the position of the Minister of Police Affairs, Mohammed Dingyadi, that the IGP must complete his 4 years tenure despite clocking retirement age is rooted in grave misconception of our extant laws.”
He continued, “Section 7(6) of the Police Act, 2020 provides that a person appointed as IGP shall hold office for four years. However, S. 18(8) provides that every police officer shall serve in the Police Force for a period of 35 years or until he attains the age of 60 years, whichever earlier.
“The simple interpretation of the above is that upon attainment of age 60 in March, the IGP ceases to be a police officer, let alone an IGP. Staying in office a day after clocking 60 years of age will, therefore, be illegal and unconstitutional.
“It will be likened to a civilian holding the highest police rank in the country. Section 7(6) and Section 18(8) cannot be read in isolation of each other. The two provisions must be read together to give its full effect.
“The Police Minister cannot rely heavily on Section 7(6) of the Police Act and shy away completely from Section 18(8) of the same law. That will be dishonest and a misinterpretation of law.” He warned “this dangerous precedent must be averted. Rule of law must be respected by all persons.”
Joined in the suit with the sole plaintiff – Inspector General of Police (Usman Alkali Baba) are the President of the Federal Republic of Nigeria; the Attorney General of the Federation and the Nigeria Police Council as the first to fourth defendants.