The Abuja division of the Federal High Court has fixed February 24 to commence hearing in the suit seeking the removal of the Inspector-General of Police, Mr. Mohammed Adamu from office.
President Muhammadu Buhari on February 3, 2021, extended the tenure of Adamu as IGP after his retirement on February 1, 2021.
The decision of the President elicited public outcry as many Nigerians condemned the decision, saying it is not in line with the Police Act
A legal practitioner, Maxwell Okpara, approached the court praying for an order that the IGP should resign from office, having spent the mandatory 35 in service.
The plaintiff also prayed the court to restrain the IGP from exercising any form of command over the Nigeria police force.
President Mohammadu Buhari, Muhammad Adamu, the Attorney General of Federation, and Nigeria Police Counsel are mentioned as the defendants in the matter.
According to the plaintiff, Adamu’s tenure has elapsed on February 1, 2021, by the virtue of the Nigeria Police Act.
He maintained that Adamu completed his tenure as IGP on February 1, 2021, after completing 35years in service as requires by the Nigeria Police Act.
In the originating summon in suit number FHC/ABJ/CS/106/2021, the plaintiff, Maxwell Okpara, wants the court to determine, whether by provisions of section 215, 216, and Section 7 of the Nigeria Police Act 2020, Adamu can continue to function as IGP after Feb 2, 2021.
The plaintiff also wants the court to determine, whether the failure of the president of the Nigeria Police (1st and second defendants) to appoint another IG does not constitute an abdication of their duty.
In a ten-paragraph affidavit, deposed by the counsel, Maxwell Okpara,(plaintiff), he stated that though, Adamu is no longer a serving Police officer, but has continued to function in that capacity.
The plaintiff urged the court to determine if the continued stayed in office by Adamu has not breached the provisions of the constitution and Nigeria Police Act.
The plaintiff, therefore wants the court to declare illegal, null, and void all action taken by Adamu from midnight of February 1, 2021.
