Constitutional rights lawyer and Senior Advocate of Nigeria, (SAN) Chief Mike Ozekhome has stated that Nigeria has no 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 stated that in the eyes of the law as it stands, there is no Inspector General of Police and what we have now is a retired Inspector General of Police illegally occupying the office
Ozekhome made this known on Channels Television’s Politics Today, where he appeared as a guest and was reacting to President Buhari’s extention of Mohammed Adamu’s tenure by three months.
He described as unconstitutional and illegal the tenure elongation of Mohammed Adamu as Inspector General of Police, saying that as it is, Adamu is a retired Inspector General of Police illegally occupying that office.
The Minister of Police Affairs, Maigari Dingyadi had disclosed the development on Thursday while briefing State House correspondents at the Presidential Villa, Abuja.
He said that the decision of the President to extend the IGP’s tenure for another three months was to give time for proper selection of the new helmsman.
Citing Section 215 (1) of the 1999 Constitution, Section 216 (2) of the 1999 Constitution and paragraph 27 to the 3rd schedule of the 1999 Constitution, Ozekhome said Buhari does not even have the power to single-handedly appoint or dismiss an Inspector General of Police as it has been. He said such action must be carried out with full consultation and at a meeting with the Nigeria Police Council.
He said: “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 Generals.”
“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.
He advised that the only way President Buhari can remedy the situation is by withdrawing the tenure elongation and appointing someone from the serving AIGs.
