Court dismisses suit to sack IGP, Alkali Baba Usman

A Federal High Court sitting in Abuja on Tuesday dismissed a suit seeking the removal of Alkali Baba Usman as the Inspector General of Police (IGP).

In his judgment, the trial Judge, Justice James Omotoso invoked Section 7 (6) of the Police Act 2020 which put the tenure of office of any IGP at four years and dismissed the suit filed against the Nigeria Police Council, President Muhammadu Buhari and the Attorney General of the Federation by an Abuja based activist, Micheal Sam Idoko.

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 has no jurisdiction in instituting the case under the guise of public interest and held further that, the plaintiff failed to establish having any peculiar or special interest over and above other Nigerians.

The Judge specifically described the plaintiff as a busy body and meddlesome interloper adding that he was not a serving police officer qualified for appointment or ever applied for IGP’s position and denied and that he has no legal right in law in filing the suit.

Idoko, through his Counsel, Chief James Ogwu Onoja (SAN) had filed the suit challenging the legality of the continuous stay of the IGP in office having served out his tenure.

In the suit marked FHC/ CS/ 31/2023, which was dismissed without any cost against the plaintiff, who had argued that Usman, having attained the mandatory 35 years in service of the Nigeria Police Force is bound to leave office as IGP.

The plaintiff also argued that, Usman, having attained the retirement age has lost his eligibility to continue to act as the IGP and urged the court to set aside his (Usman) appointment for four years term by the President for being illegal, null and void.

But, counsel to the respondents, Abdulhakeem Mustapha (SAN) in his objection, urged the court to dismiss the suit with substantial cost because Section 215 of the constitution as well as Section 7(3) of the Police Act 2020 only provides for mode of appointment of the IGP.

The senior lawyer prayed the court to dismiss the suit for want of jurisdiction and that the plaintiff lacked the legal right to institute the action, which he noted was statute barred, having regard to Section 2(a) of the Public Officers Protection Act Cap P41 LFN 2004.

Mustapha also argued that the suit of the plaintiff constitutes an abuse of court process and that, the court lacks the jurisdiction to entertain the suit.