Court upholds President’s power to extend IGP’s tenure

The Federal High Court sitting in Abuja, on Friday, held that President Muhammadu Buhari has the constitutional power to extend the tenure of ex-Inspector General of Police (IGP), Mohammed Adamu.

This followed the dismissal of the suit challenging the legality of the three-month tenure extension which President Buhari had given the immediate past IGP.

A legal practitioner, Maxwell Okpara had, in his suit which has the President and three others as defendants, prayed the court to declare the continued stay of Adamu as IGP, as illegal and unconstitutional.

Delivering judgement in the suit on Friday, Justice Ahmed Mohammed held that the President who is vested with the constitutional powers to appoint a serving Police Officer as IGP, in consultation with the Police Council also has the power to extend the tenure, pending when a substantial IGP to avoid creating a vacuum.

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According to the Judge, Police Act and the Constitution are clear on the appointment of IGP, but are silent on the extension of the tenure of the IGP.

He held that:, “Since the President has the power to appoint Inspector General of Police, in consultation with Police Commission, he has the power to extend the tenure to avoid a gap, pending the appointment of a substantial IGP.

“The Constitution and the Police Act did not forbid it”, Justice Mohammed said, adding the plaintiff abysmally failed to prove that President Buhari has no power to extend the tenure of the former IGP, Adamu for three months.

“The suit of the plaintiff failed and it is accordingly dismissed”, the court held.

Earlier, the judge dismissed the preliminary objection challenging the eligibility of the plaintiff to file the legal action as well as the jurisdiction of the court to entertain the suit.

The plaintiff, through his counsel, Ugochukwu Ezikiel told newsmen that the judgment of the trial court will be tested at the Court of Appeal.