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Why IGP Adamu’s tenure extension by Buhari is illegal – Adegboruwa
A Senior Advocate of Nigeria , Ebun Adegboruwa , has faulted the extension of the tenure of Mohammed Adamu as the Inspector- General of Police for three months .
The PUNCH had reported that the Minister of Police Affairs, Mohammad Dingyadi, on Thursday , said the President , Major General Muhammadu Buhari( retd .) , extended Adamu ’s tenure .
He said the extension was necessary to give room for the proper selection of a successor .
But the lawyer explained that the “ purported ” extension of the expired tenure of Adamu is illegal and unconstitutional .
He explained that Adamu cannot be asked to continue in office because he had completed his mandatory 35 years of service .
Adegboruwa had earlier warned Buhari against delaying his decision on replacing Adamu beyond 12 midnight of February 1 , 2021 .
The SAN said, “ Section 215 ( 1 ) ( a ) of 1999 Constitution – There shall be an Inspector -General of Police who, subject to section 216 ( 2 ) of this Constitution shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force.
“ Section 216 ( 2 ) – Before making any appointment to the office of the Inspector -General of Police or removing him from office, the President shall consult the Nigeria Police Council .
“ Paragraph 27 of Third Schedule to the 1999 Constitution – The Nigeria Police Council shall comprise the following members : the President who shall be the Chairman ; the Governor of each State of the Federation; the Chairman of the Police Service Commission ; and the Inspector- General of Police .
“ From all the above , when the tenure of a serving IGP expires on the ground of completing the mandatory 35 years of service , he cannot be asked to continue in office beyond his mandatory tenure .
“ An IGP who has served the mandatory years of service ceases to be a member of the Nigeria Police Force from the date of the completion of his service . In this case, Mr Adamu ceases to be a member of the NPF from 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 . Mr Adamu having completed his mandatory years of service in February 2, 2021 , he cannot be appointed as IGP , from outside the force.
“ The President lacks the power to reabsorb a retired police officer back into the NPF through a purported tenure extension, which is not contemplated by law .
“ The President cannot appoint an IGP or extend the tenure of a retired IGP without the advice of the Nigeria Police Council, which in this case has not met to consider , let alone approve such tenure extension.
“ The Federal Republic of Nigeria presently has no IGP properly so recognised by law .”