By Kayode Adeoti
The Coalition of United Political Parties, (CUPP) and All Peoples Party, (APP) have dragged President Muhammadu Buhari and the Police Service Commission (PSC) to court. The court action was instituted against Buhari and PSC over the tenure extension of the Inspector- General of Police, IGP, Ibrahim Idris, by six months.
The IGP was supposed to have proceeded on retirement by this January. The Political parties were pointing accusing fingers at the National chairman of the All Progressives Congress (APC), Comrade Adams Oshiomhole; the Governors of Kano State, Abdullahi Ganduje; Nasir El-Rufai of Kaduna State; the Minister of Transport, Chibuike Amaechi as well as Senator Godswill Akpabio, of master-minding the extension.
The parties were praying the Federal High Court, Abuja to declare that “any person or officer of the Nigeria Police Force, who has attained the retirement age of 60 or 35 years in service cannot be deemed to be a serving member of the Nigeria Police Force, for the purposes of being appointed or re-appointed by President Muhammadu Buhari, as an Inspector General of Police”. In this vox pop, legal practitioners in Ilorin jurisdiction, therefore react to the extension of the IGP tenure. Excerpts:
President’s action, constitutional – Chairman, Young Lawyers’ Forum, Ilorin branch, Olayinka Dauda Jimoh
It is constitutionally allowed to extend tenure of the service chiefs, it is within the prerogatives power of the President to do so. He did nothing wrong by extending his tenure even if it is for political reason. We should look at the law and we will realised that he has not foul it in any way. This is not even the first time this type of issue will be happening in Nigeria in which tenure of sitting IGP or other serving service chiefs will be extended, we’ve had it in time past.
IG not performing, extension uncalled for – Dr Oba Yusuf Abdulhameed
As a general principle, the President has the power to extend the tenure of the IG even of other service chiefs and that is what he has done recently. However, when public opinion doesn’t tilt towards such renewal, the President should resist extending the tenure. Public opinion and the environment a particular government operates often time influence government’s decisions and policies. When government takes decision, it watches the reactions it generates. In recent times, the IG has not been performing to expectation of most Nigerians. Considering the harassment of Judges, Osun State election , even the recent defection… The police under President Buhari has not changed. It is apparent that the force is performing below expectations or is not performing at all. If the IG is not bringing anything new to the table, why extend his tenure? When you have much more agile and creative persons who can function in that office, a president who has come with an agenda of change supposed to look for a vibrant person within the police echelon to take the mantle of leadership. This action of the president has attracted condemnations from many Nigerians considering the failure of the force to tackle the Boko Haram insurgency despite the huge amount of money that has been expended on it. I see no reason for his tenure to be extended.
It’s wrong, President have no power to extend tenure – Abdullazeez Ayodeji Ibrahim
My position over this issue is simple, the president cannot extend tenure of the IGP. I’ve not seen that provision of law he is premising his reason upon. There are rules governing the retirement of officers. With all respect, I support those challenging the purported extension.
President should adhere to rule of appointment – Ronke Adeyemi
I don’t think it is right. The position of IG is constitutional, so retirement and appointment of officer into that capacity has rules and principles that govern it. I think such rules should be strictly adhered to.
It lacks legal backings – Akin Akintoye II
Left to me, I think it is not right. There is no provision for such a thing in the civil service rule neither is it the constitution. This is not an office you just place anyone to occupy. To me the action is wrong.
Sulyman Abaya: From all the laws gathered, it is unconstitutional for the president, considering the positions of section 215 of the 1999 constitution, which provides for the appointment of the IGP, that portion of the law is subject to section 216 of the same 1999 Constitution. Also section 5 of the Police Act also provides for the appointment of the IGP. In the case of appointment of IG, the president must do so from the force and with the advice of the Nigeria Police Council that comprises the President of Nigeria as the Chairman, chairman of the Nigeria police and the IG himself and others. The law talks about appointment not extension of serving IG. Its an illegality for the President to reappoint a retired or retiring police officer because the law stated that a member of the Police Force can only be appointed. If president goes ahead to extend that tenure, he would have acted out of the law.
