Senior Lawyer Dismisses IGP’s Tenure Stretch as Illegal
A Nigerian senior lawyer, Mike Ozekhome, has opined that President Buhari’s elongation of the nation’s police chief’s tenure by three months was unconstitutional and therefore illegal.
The minister of police affairs, Maigari Dingyadi announced on Thursday that the president had extended Mohammed Adamu’s tenure for another three months to give time for proper selection of the new police chief.
Adamu was supposed to retire on Monday after reaching the mandatory years of retirement.
Ozekhome, SAN, a constitutional lawyer, said the Adamu is now a retired inspector general of police illegally occupying office.
He explained on Channels Television’s Politics Today that Section 215 (1) and 216 (2) of the 1999 Constitution and paragraph 27 to the 3rd schedule of the 1999 Constitution that Buhari does not even have the power to single-handedly appoint or dismiss the IGP.
He said such action must be carried out with full consultation and at a meeting with the Nigeria Police Council.
According to him, “Mr president’s action is patently, glaringly illegal, unconstitutional and immoral because he is denying other members of the Nigeria Police Force who are also aspiring to go up to become inspector general.
“In the eye of the law, there is no inspector general of police. What he have there is somebody, a retired inspector general of police illegally occupying the office just as Mr Magu has illegally occupied his office as acting chairman of EFCC even after he was rejected two times based on damning report by the DSS of this same government which said he failed the integrity test.
“We do not have an inspector general of police because the last one has retired by effluxion of time, statutorily and constitutionally. So Mr President cannot by an administrative fiat recreate the law.
“The only organ that can remake the law is the National Assembly”, he said.
He concluded that what President Buhari should do is to withdraw the tenure elongation and appoint someone from the serving AIGs.
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