Senior Advocate of Nigeria,Mike Ezekhome says the decision by President Muhammadu Buhari to extend the tenure of Inspector General of Police(IGP), Mohammed Adamu by 3 months is unconstitutional , illegal and unlawful as he has reached the mandatory year of retirement.
Speaking on National Television on the the IGP’s tenure extension on Thursday,Ozekhome said the President cannot single-handedly appoint an Inspector General of Police as he is required by law to do so in full consultation and at a meeting with the Nigeriia Police Council which is established under paragraph 27 of the third schedule to the 1999 constitution.
” But what we have been seeing is actually a situation of arbitratriness, capriciousness and whimsicality when Mr President usually single-handedly appoint an Inspector General of Police.
” Infact Section 216 sub Section 2 says he can also not dismiss or remove IGP without going through the Nigerian Police Council.
” Mr President’s action is patently, glaringly illegal and unconstitutional.even unconscionable to mean immoral the reason being that he is denying other members of the Nigeriian Police Force who are also aspiring to go up to become Inspector General.You are preventing them from moving up. So in the eye of the law,we do not have an Inspector General of Police.at all because the last one has retired by eflfuxion of time statutorily and constitutionally.
“So Mr President cannot by administrative fiat, recreate the law or remake the law. The only organ that can make the law is the National Assembly under Section 15 sub Section 2 of the constitution dealing with its powers to make laws concerning the Nigeriian Police.