Extension of IGP’s Tenure Is Unlawful ― Adegboruwa, SAN

Senior Advocate of Nigeria, Ebun-Olu Adegboruwa has asserted that the prolongation of the term of Inspector General of Police, Muhammad Adamu by President Muhammadu Buhari constitutes an illegal action.

In a conversation with Vanguard, Adegboruwa expressed that the consequence of Buhari’s decision is that Nigeria currently lacks an Inspector General of Police.

“The Federal Republic of Nigeria currently does not possess an IGP duly recognized by law,” he stated. Clarifying the legal stance on the matter, he remarked, “When the term of a serving IGP concludes upon fulfilling the requisite 35 years of service, he cannot be compelled to remain in office beyond his mandated term. An IGP who has completed the required years of service ceases to be a member of the Nigeria Police Force from the date of finishing service. In this instance, Mr. Adamu ceases to be a member of the NPF from February 2, 2021.”

“Pursuant to 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 is eligible for appointment as IGP. Mr. Adamu, having fulfilled his mandatory years of service on February 2, 2021, cannot be designated as IGP from outside the force.

“The President does not possess the authority to reinstate a retired police officer back into the NPF via a so-called tenure prolongation, which is not provided for by law. The President cannot designate an IGP or extend the term of a retired IGP without the counsel of the Nigeria Police Council, which has not convened to deliberate, much less ratify such a tenure extension.”