"Police Affairs Minister Is Wrong": Why IGP Usman Alkali Baba Must Retire by 60, Nigerian Lawyer Reveals

"Police Affairs Minister Is Wrong": Why IGP Usman Alkali Baba Must Retire by 60, Nigerian Lawyer Reveals

  • Constitutional lawyer and human rights activist Festus Ogun has reacted to the statement by police affairs minister Mohammed Dingyadi that IGP can stay in office beyond 60 years
  • Ogun said the position of the police affairs minister is rooted in a grave misconception of Nigeria's extant laws
  • Citing relevant constitutional provisions, the lawyer said the IGP staying in office a day after clocking 60 years of age will be illegal

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Lagos, Nigeria - Festus Ogun, a constitutional lawyer and human rights activist, has faulted the position of the minister of police affairs, Mohammed Dingyadi, that the Inspector General of Police (IGP), Usman Alkali Baba, can stay beyond 60 years of age in office.

On Wednesday, January 18, the police affairs minister said IGP Alkali Baba will not be retiring midway into the 2023 general elections, adding that the police chief already has an appointment letter which extends his term in office.

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IGP Usman Alkali Baba/Festus Ogun/Police Affairs Minister
Constitutional lawyer Festus Ogun said IGP Usman Ali Baba will be violating the law if he does not retire in March when he clocks 60. Photo credits: Nigeria Police Force, Festus Ogun
Source: Facebook

IGP Usman Alkali Baba's age fuels retirement speculation

IGP Alkali Baba will clock 60 years on March 1, 2023. This has fueled speculations that the police boss would honour the rule that mandates public servants to go on retirement at 60.

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However, Dingyadi explained that the rule has changed.

“I don’t know where you got your record but let me say that by the provision of the Police Act 2020, the IG is now supposed to have a kind of four-year period and Mr President has already given him a letter of appointment in that regard," the minister said in response to a question on whether or not the IGP would be retiring indeed as expected.

IGP cannot stay beyond 60 years in office, says Festus Ogun

Reacting to the development, Ogun said Dingyadi's position is rooted in a grave misconception of Nigeria's extant laws.

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"The Inspector General of Police cannot stay beyond 60 years of age in office," he told Legit.ng.
"No doubt, Section 7(6) of the Police Act, 2020 provides that a person appointed as Inspector-General of Police shall hold office for four years. However, Section 18(8) of the same law provides that every police officer shall serve in the Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.
"The simple interpretation of the above is that upon attainment of age 60 in March, the IGP ceases to be a police officer, let alone an IGP. Staying in office a day after clocking 60 years of age will, therefore, be illegal and unconstitutional. It will be likened to a civilian holding the highest police rank in the country.
"Section 7(6) and Section 18(8) cannot be read in isolation of each other. The two provisions must be read together to give its full effect. The Police Minister cannot rely heavily on Section 7(6) of the Police Act and shy away completely from Section 18(8) of the same law. That will be dishonest and a misinterpretation of law."

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Ogun advises IGP to retire when he clocks 60

The constitutional lawyer advised IGP Alkali Baba to retire when he clocks 60, insisting that the police affairs' interpretation of the law is wrong.

"That said, the IGP being the highest ranking law enforcement officer in the country, has an obligation to respect the law and leave the stage when the ovation is loud. Rule of law must be respected by all authorities and persons," Ogun added.

Police Service Commission promotes 745 officers, others

In another report, the Police Service Commission (PSC) recently approved the promotion of 745 Senior Police Officers. It also considered and approved the proper placement of five Commissioners of Police and one Deputy Commissioner.

This was contained in a statement by the commission’s Head, Press and Public Relations, Ikechukwu Ani, on Wednesday, December 14, 2022.

Legit.ng gathered that the PSC also treated 14 appeals and petitions and nine Pending Disciplinary Matters from dismissed and serving police officers.

Source: Legit.ng

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