News

Tenure Extension: Court Declares IGP Alkali’s Stay In Office Illegal

Published

3 years ago

May 27, 2023

Justice Fatun Riman of the Federal High Court sitting at Awka, has declared the continued stay in office by the Inspector General of Police, IGP, Usman Baba Alkali, as illegal and unconstitutional.

The court held that President Muhammadu Buhari, lacked the powers to extend Alkali’s tenure as the IGP, beyond his statutory retirement age.

Justice Riman maintained that the IGP, being a public servant, ought to have stepped down on March 1, when he clocked the 60 years mandatory retirement age.

He held that that Alkali, as a member of staff of the Nigeria Police Force, an authority established under Section 214 (1) of the Constitution, he was bound by the Rule 229 of the Police Service Rules, PSR, which provided for the compulsory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first.

“In the instant case, the 2nd Defendant’s birth day comes first. By the said Rule, the 2nd Defendant is obliged to step down on March 1st 2023.

“The PSR retirement age provision, is mirrored in section 18 (8) of the Police Act, on the word “Shall” is used in the provision, it is mandatory.

“Section 7 (6) of the Police Act provides for a four year term or tenure for the Inspector General of Police and the word “Shall” is also used in the said provision” the court added.

While faulting President Buhari’s decision to retain the IGP in office beyond his retirement age, the court, said: “By a community reading of the provisions of Sections 215 (a) and 216 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Sections 7 (2) & (6) and 18 (8) of the Nigeria Police Act, 2020, the appointment of the 2nd Defendant (Alkali) is unlawful and invalid, the 2nd Defendant not being a person capable of fulfilling the mandatory requirement of tenure of office needed to hold the office of the Inspector General of Police and/or the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) having not been complied with.

“Section 215 (1) (6) of the Constitution provides that the President shall appoint the Inspector-General of Police from serving members of the Nigeria Police Force on the advice of the Nigeria Police Council (NPC), which comprises of the President, Governors, Chairman of the Police Commission and the Inspector General of Police.

“See also Section 7 (3) of the Police Act, 2020. The Inspector General of Police tenure shall come to an end in February, 2020, four years from February 2021, by March 1, 2023, the 2nd Defendant was 60 years old, and two weeks later, marked 35 years he entered in the Nigeria Police Force.

“The 2nd Defendant is not qualified to hold the office of the Inspector General of Police for the sole reason that doing so will lead to absurdity which will amount to a complete breach and total disregard for the clear and unambiguous provision of Section 7 (6) of the Nigeria Police Act, 2020,” the court held.

Consequently, Justice Riman, issued an order, restraining the 2nd Defendant (Alkali) “from further parading himself as the IGP of the Federal Republic of Nigeria or exercising any form of command or control over the Nigeria Police Force.”

The court equally granted an order, “mandating the President of the Federal Republic of Nigeria to immediately convene a meeting for members of the Nigeria Police Council for the purpose of appointing a new Inspector-General of Police capable of holding the office for the fixed term of four years unhindered by Section 18 (8) of the Nigeria Police Act, 2020 and also in line with the provision of Section 7 of the Nigeria Police Act.”

The judgement, delivered on May 14, a copy of which Vanguard sighted on Saturday, followed a suit marked FHC/AKW/CS/58/2023, which was filed by one Okechukwu Nwafor, who told the court that he is a tax payer.

Justice Riman said he was satisfied that the plaintiff had the locus standi to approach the court to seek an interpretation of the constitution in relation to the tenure of the IGP.
VANGUARD

News

Edo NLC Crisis: Caretaker Committee Drags Rival Exco, Govt To Court

Published

2 hours ago

May 6, 2026

Editor

The division in the Edo State Council of the Nigeria Labour Congress (NLC), took a new dimension on Wednesday as Prof. Monday Monday Lewis Igbafen-led caretaker committee approached the National Industrial Court of Nigeria, Benin Judicial Division, seeking to affirm its authority and restrain a rival executive from parading itself as the council’s leadership.

Joined in the suit are the Edo State Government, the Commissioner for Labour and Productivity, and the Attorney-General and Commissioner for Justice.

In a suit marked: NICN/BEN/12/2026, and filed before the court in Benin, the claimant, Igbafen, acting for himself and on behalf of the NLC Caretaker Committee in Edo State, is challenging the continued occupation of the union’s secretariat and control of its assets by members of the Bernard Egwakhide-led factional State Executive Council.

The claimants are asking the court to declare that the caretaker committee (Igbafen-led faction), constituted on August 11, 2025, by the NLC national leadership, remains the only lawful authority to administer the affairs of the Edo State Council pending fresh elections.

They further seek a declaration that the continued occupation of the NLC secretariat located at No. 1 Teboga Road, Benin City, as well as the retention of union assets, financial records, and official instruments by the defendants, is illegal and void.

The suit also prays for an order of perpetual injunction restraining the defendants from parading themselves as officials of the NLC Edo Council or interfering with the functions of the caretaker committee.

In addition, the claimants are seeking a mandatory order compelling the defendants to immediately hand over the secretariat, vehicles, financial documents, cheque books, and all other properties belonging to the union.

The caretaker committee further urged the court to restrain the state government and its officials from interfering in the internal affairs of the union, alleging undue support for the dissolved executive.

The claimants further demand N50 million as general and exemplary damages against the defendants for alleged unlawful usurpation of office and acts prejudicial to the administration of the council.

According to court documents made available to our correspondent, the crisis followed the dissolution of the Edo State Council by the NLC National Executive Council on February 27, 2025, over allegations of misconduct, anti-union activities, and constitutional violations.

However, the matter has yet to be assigned a hearing date.

News

Transfer: Premier League Clubs Scramble For Dele-Bashiru

Published

8 hours ago

May 6, 2026

Editor

Lazio midfielder, Fisayo Dele-Bashiru is a subject of interest from three Premier League clubs, according to Sky Sports.

Lazio reportedly rejected offers from Nottingham Forest and Bournemouth for the Nigeria international in January.

La Biancolesti are bracing for more interest in Dele-Bashiru ahead of the summer transfer window, according to Sky Sports.

The 24-year-old has two years left on his contract with the Serie A club.

The attacking midfielder joined the Rome-based club from Turkish Super Lig outfit Hatayspor in 2024.

He has been a regular feature for Lazio this season.

News

Xenophobic Attacks: Nigerian Students To Picket MTN, MultiChoice, Other Businesses

Published

8 hours ago

May 6, 2026

Editor

The leadership of the National Association of Nigerian Students, NANS South-West Zone D, has announced plans to picket South African companies in Nigeria following the ongoing xenophobic attacks in the country.

DAILY POST reports that some Nigerians were recently killed in South Africa over the violent attacks.

A statement issued to newsmen by Comrade Adeyemo Josiah Kayode, Coordinator, NANS South-West, Zone D, said that the association is mobilizing to take decisive and lawful action by organizing peaceful picketing and mass advocacy against South African business interests operating in Nigeria.

“We categorically state that the continued targeting of Nigerians under any guise is unacceptable and must come to an immediate end.

“This will include major corporations such as MTN Group and MultiChoice Group. It is morally indefensible for businesses to thrive in an environment where the lives of Nigerians are protected, while Nigerians are subjected to fear and violence elsewhere.

“This contradiction will no longer be tolerated,” the statement said.