TheCable

The court of appeal in Abuja has declared the Police Act 2020 as it affects the constitutional mandate of the Police Service Commission (PSC), illegal.

President Muhammadu Buhari had on September 17, assented to the Nigeria Police Act, 2020, which repeals the Police Act, 2004.

The amendment stipulates that “the responsibility for the recruitment of constables into the Nigeria police force and recruit cadets into the Nigeria police academy shall be the duty of the inspector-general of police.”

However, in a judgment delivered on September 30, the court of appeal held that the Act contravenes paragraph 30, Part 1 of the Third Schedule to the 1999 Constitution “which empowers the Police Service Commission to appoint persons into offices in the Nigeria police force except the office of the inspector-general of police (IGP)”.

The court, in its judgment, also nullified the recruitment of 10,000 constables carried out by Mohammed Adamu, the IGP.

The court ruled that the IGP lacked the power to employ officers for the police force, adding that recruitment was exclusively that of the commission.

In a statement on Wednesday, Ikechukwu Ani, PSC spokesman, said the commission obtained the certified true copy of the court’s judgment on Tuesday.

According to the statement, Emmanuel Agim, one of the three justices of the appellate court, in his concurrent judgment ruled that paragraph 30 of part 1 of the Third Schedule to the 1999 Constitution has given the power to the commission to appoint persons into offices in the Nigeria police “and did not exclude constables and cadets to Nigeria police academy from offices in the Nigeria police into which the appellant can appoint persons”.

“He further declared that no Act of the national assembly or law can take away or curtail such power,” the statement read.

According to Ani, the judge further noted that even if the Nigeria police carried out the disputed enlistment pursuant to a directive or approval of the president of the federation, “the enlistment would remain contrary to the constitution and therefore unconstitutional and void”, adding that “such a directive cannot repair its unconstitutionality and illegality”.

Olabisi Ige who delivered the lead judgement also declared that by virtue of section 1 subsection 3 of the Constitution of the federal republic of Nigeria, 1999 (as amended), the recruitment by the IGP was null and void.

“Any piece of legislation or instrument relied upon by the defendants (including but not limited to the Police Act and the Police Regulations) in exercising or purporting to exercise the powers to appoint, promote, dismiss or discipline persons holding or aspiring to hold offices in the Nigeria police force, being inconsistent with the provisions of the constitution particularly section 153 subsection (1)(m), section 153 subsection (2) and section 215(1)(b) of the Constitution of the federal republic of Nigeria 1999 (as amended) and Paragraph 30 part 1 of the Third Schedule to the Constitution, is invalid, null and void and of no effect whatsoever,” Ige was quoted to have said.

The appellate court further gave an order of perpetual injunction “restraining the police, and other defendants, jointly and severally, from interfering or further interfering in any manner howsoever with the Commission’s discharge of its constitutional and statutory functions in respect of the appointment, promotion, dismissal, or exercise of disciplinary control over persons holding or aspiring to hold offices in the Nigeria police force other than the inspector-general of police”.

Meanwhile, the IGP has since filed an appeal before the supreme court seeking to upturn the appellate court’s verdict.

One of the major highlights of the amended police act is the stipulation of a fixed term (not more than four years) in office for the inspector-general of police.