A landmark ruling by the Federal High Court in Awka, Anambra State, has declared that the Inspector-General of Police (IGP), Mr. Usman Baba Alkali, is unlawfully occupying his present office.

Justice Fatun Riman, presiding over the case filed by Okechukwu Nwafor, a taxpayer, deemed the appointment and continued stay of Usman Baba as IGP as unlawful and unconstitutional.

The court judgment, delivered in suit number FHC/AKW/CS/58/2023, highlighted that the Police Act of 2020 clearly states that only an officer within the specified rank, with a minimum of four years of service, can be appointed as IGP.

It was argued that Usman Baba, having reached the retirement age on March 1, 2023, should not be allowed to continue in office.

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Consequently, the court ordered Usman Baba to cease parading himself as the Inspector-General of Police.

The President was instructed to convene a meeting of the Nigeria Police Council to appoint a new IGP, who would serve a four-year term.

The plaintiff’s lawsuit named the President of Nigeria, Usman Alkali Baba, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, and the Nigeria Police Council as defendants.

The reliefs sought by the plaintiff included a declaration that Usman Baba’s appointment was unlawful, as it contravened the provisions of the 1999 Constitution and the Nigeria Police Act of 2020.

Justice Riman’s judgment emphasized that the retirement age for public service officers, including the IGP, is 60 years or 35 years of service, whichever comes first.

The mandatory retirement age provision is mirrored in the Police Act, which also specifies a four-year tenure for the IGP.

The court concluded that despite the President’s prerogative power, he is bound by the provisions of the Constitution, and the retirement of the IGP is a statutory and constitutional matter that cannot be altered by any other law.