Tenure Limit: Court Dismisses Suit Seeking Alkali’s Sack as IG

Alex Enumah in Abuja 

Justice John Omotosho of the Federal High Court, Abuja on Tuesday dismissed a suit seeking the removal of Alkali Baba Usman as the Inspector General (IG) of Police.

The court dismissed the suit on the grounds that the plaintiff, Mr Micheal Idoko, lacked the necessary locus standi (legal authority) to bring the suit before the court in the first place.

Idoko had dragged President Muhammadu Buhari, Usman and three others to court challenging the continued stay of Usman in office from March 1, when he attains the mandatory retirement age of 60 years come March 1, 2023.

The other defendants are the Nigeria Police Force, Nigeria Police Council and the Attorney General of the Federation.

The suit marked FHC/ CS/ 31/2023 was filed on his behalf by his lawyer, Chief James Onoja (SAN), wherein he had argued that Usman cannot continue to operate as IG because the office of Inspector General by law is occupied by a serving police officer.

It was the case of the plaintiff that Usman ceases to be a serving police officer from March 1 and as such can no longer function as IG.

But the respondents in their counter affidavits and preliminary objection challenged the jurisdiction of the court to entertain the suit.

The objection was predicated on the grounds that “plaintiff/respondent lacks the requisite locus standi to institute the action as presently constituted.

 “The plaintiff’s action is statute barred having regard to section 2(a) of the Public Officers Protection Act Cap P41 LFN 2004.

“The instant suit constitutes an abuse of court process; and

“This Honourable Court lacks the jurisdiction to entertain the instant suit, as presently constituted”.

Consequently, respondents urged the court to dismiss or strike out the suit for lack of jurisdiction.

Delivering judgment on Tuesday, Justice Omotoso invoked section 7 (6) of the Police Act 2020 which put the tenure of office of any IG at four years.

The judge held that the retirement of Alkali Baba Usman from the Nigeria Police Force has nothing to do with his appointment on the ground that the four years tenure is sacrosanct.

Besides, Justice Omotoso said that the plaintiff, who claimed to be a social crusader, lacked the necessary locus standi to file the case, adding that the plaintiff did not show how the action of the respondents affected his interest since he was neither qualified for the position nor even a serving police officer.

Justice Omotosho also faulted the claim that the suit was brought in the interest of the public, since he did not provide evidence of a poll conducted or meetings with Nigerians who said they were dissatisfied with the IG.

The court further noted that the plaintiff failed to establish having any peculiar or special interest over and above other Nigerians.

According to the judge, their is no linkage between the action of the respondents and the rights of the applicant, adding that the suit was mere speculative and without substance.

On the issue of appointment, the court held that Usman was a serving police officer when he was appointed as IG, adding that the years of Usman was immaterial since the Police Act stipulated a four year tenure for the occupant of the office of IG.

He subsequently dismissed the suit for being incompetent and lacking in merit.