A lawyer, Ebun-Olu Adegboruwa, said President Muhammadu Buhari violated the constitution by extending the tenure of Mohammed Adamu as Inspector General of Police (IGP).
Adegboruwa declared that the Federal Republic of Nigeria presently has no IGP recognized by law.
On Thursday, Buhari extended Adamu’s tenure by three months.
In his reaction, Adegboruwa, a Senior Advocate Nigeria (SAN), called the action illegal and unconstitutional.
Citing Section 215 (1)(a) of 1999 Constitution, he said the law provides that before making an IGP appointment or removing from office, the President shall consult the Nigeria Police Council (NPC).
The council comprises the President as Chairman, Governors, Chairman of the Police Service Commission, and the IGP.
Adegboruwa said when the tenure of a serving IGP expires on the ground of completing the mandatory 35 years of service, the same cannot be asked to stay on.
He noted that Adamu ceases to be a member of the Nigeria Police Force (NPF) from the date of his completion of his service – February 2, 2021.
“Under and by virtue of section 215(1)(a) of the Constitution and section 7(3) of the Police Act, 2020, only a serving member of the Nigeria Police Force can be appointed as IGP.”
The SAN stressed that the President lacks the power to reabsorb a retired police officer back into the NPF through a purported tenure extension not contemplated by law.
He concluded by saying the President cannot appoint an IGP or extend the tenure of a retired IGP without the advice of the NPC, “which in this case has not met to consider, let alone approve such tenure extension”.
