A Federal High Court sitting in Akwa, Anambra capital has sacked Nigeria’s Inspector-General of Police (IGP), Usman Baba Alkali.
The Court directed Alkali to stop parading himself as the IGP because he is an illegal occupant of the office.
Justice Fatun Riman declared that Alkali’s appointment and continued stay in office is illegal and unconstitutional.
The judgment followed a suit by one Okechukwu Nwafor, a taxpayer, in the suit no. FHC/AKW/CS/58/2023.
Defendants in the suit are the President of the Federal Republic of Nigeria, Usman Alkali Baba, Attorney General of the Federation and Minister of Justice and Nigeria Police Council.
The court declared: “By a community reading of the provisions of Sections 215 (a) and 216 (2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), Sections 7 (2) & (6) and 18 (8) of the Nigeria Police Act, 2020, the appointment of the 2nd Defendant (Alkali) is unlawful and invalid, the 2nd Defendant not being a person capable of fulfilling the mandatory requirement of tenure of office needed to hold the office of the Inspector General of Police and/or the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) having not been complied with.t
“The 2nd Defendant (Alkali) is not qualified to hold the office of the Inspector General of Police for the sole reason that doing so will lead to absurdity which will amount to a complete breach and total disregard for the clear and unambiguous provision of Section 7 (6) of the Nigeria Police Act, 2020.
“The IGP, being a public servant and by virtue of the fact that he is a member of staff of the Nigeria Police Force, an authority established from the Federation by Section 214 (1) of the Constitution and in subject of the Federal Public Rules 299 (PSR) thereof which provides for the compulsory retirement of all grades of public service officers at the age of 60 or 35 years of service, whichever comes first.
“In the instant case, the 2nd Defendant’s birthday comes first. By the said Rule, the 2nd Defendant is obliged to step down on March 1st, 2023.
“The PSR retirement age provision, is mirrored in section 18 (8) of the Police Act, on the word “Shall” is used in the provision, it is mandatory.
“Section 7 (6) of the Police Act provides for a four-year term or tenure for the Inspector General of Police and the word “Shall” is also used in the said provision.
While observing that despite the prerogative power of the President, he said the President is limited by the provisions of the Constitution, adding that the IGP retirement is statutory and constitutional issue and no other law of the land can change the ground norm.
On the issue of the locus standi of the Plaintiff, the judge observed that locus standi is a central concept in the administration of justice and it delineates not only the jurisdiction of the court to entertain matters brought before them but also restricts access to courts to perform with genuine grievance.
“Thus, it is firmly established that a Plaintiff who fails to satisfy the “interest” and “injury test” will be denied the legal standing to sue to challenge any perceived act of unconstitutionality.
“It is my view, however, that required of locus standi is not necessary on constitutional cases as the application of the concept could impede the administration of justice.
“There is the liberalization of the concept of locus standi where it involves constitutional matters; the deposition of the Plaintiff in his affidavit as a Nigerian and tax payer has not been controverted,” the judge said.
Source: Persecond News.

President Muhammadu Buhari, who will hand over power to President-elect Asiwaju Bola Ahmed Tinubu in the next 24 hours, has said that he is leaving Nigeria after his eight years in the saddle, better than he met it in 2015.
He said: “I am confident that I am leaving office with Nigeria better in 2023 than in 2015.”
In his farewell broadcast to the nation today, May 28, President Buhari said that he had fulfilled most of the electoral promises he made to Nigerians before he was elected in 2015.
Read the full text of the broadcast:
My fellow Nigerian brothers, sisters and friends of Nigeria.
I address you today, in my last assignment as a democratically elected President of our great and well-endowed nation, with a deep sense of gratitude to God, a great deal of appreciation to the Nigerian people and a modest sense of fulfilment.
Today we mark and celebrate another peaceful transition of power from one elected government to another in our steady march to improve and sustain Nigeria’s democracy.
This year we witnessed the most keenly contested Presidential Elections since the first Republic and this demonstrates that our democracy is getting better and more entrenched with each election.
We must as a nation improve and sustain gains we make in the electoral process, on an incremental basis for Nigeria to take its rightful place among Nations.
Our democracy provides for, allows and encourages seeking redress for perceived injustices, enabling some candidates and political parties that did not agree with the results to go to court.
Irrespective of the outcome of the various cases, I urge all parties involved to accept the decision of our courts and join hands to build a better Nigeria.
I salute the doggedness and resilience of all the Presidential Candidates and their political parties for believing in our judicial system by taking their grievances with the election results to court.
In the course of the campaigns, we had argued and disagreed on how to make Nigeria better but we never disagreed or had any doubts that Nigeria has to be better.
As your President, I call on all of us to bring to bear the strength of our individualism, the power of our unity, the convictions of our beliefs to make Nigeria work better and together with one spirit and one purpose.
To my brother, friend and fellow worker in the political terrain for the past ten years – Asiwaju Bola Ahmed Tinubu -, I congratulate you on the realisation of your dream, which was propelled by a burning passion to put Nigeria amongst the leading nations of the world.
You have indeed worked for this day and God has crowned your efforts. I have no doubt that your passion for excellence, reliance on competence, fairness in relationships, commitment to equity, loyalty to the country and desire for Nigeria to be globally relevant would come through for you, under God’s guidance, as you lead our country to levels higher that I am leaving.
You are the best candidate among all the contestants and Nigerians have chosen well.
The last eight years have been an exciting experience in my desire and commitment to see a Nigeria in which public goods and services are available, and accessible within a united, peaceful and secure nation.
Fellow Nigerians, on the strength of your overwhelming support for me and my political party, I started this journey with a great deal of promise and expectation from you. I never intended to be just politically correct but to do the correct things that will make meaningful impact on the lives of the common Nigerian.
This high expectation was not misplaced because, like the ordinary Nigerian, I had grown tired of watching the country progressively moving away from the path of correctness.
To ensure that our democracy remains resilient and our elected representatives remain accountable to the people, I am leaving behind an electoral process which guarantees that votes count, results are credible, elections are fair and transparent and the influence of money in politics reduced to the barest minimum. And Nigerians can elect leaders of their choice.
We are already seeing the outcome of this process as it provided an even playing field where persons without any political God-Father or access to money defeated other well-resourced candidates.
The Nigerian economy has become more resilient due to the various strategies put in place to ensure that our economy remained afloat during cases of global economic downturns.
You would all recall the supply chain disruptions and economic downturn that the world witnessed between 2020 and 2022 as a result of the COVID-19 pandemic. The deftness of our response to the pandemic still remains a global best practice.
Furthermore, we increased the ability of the poor and rural Nigerians to earn a living, provided more food for millions in our villages and gave our women opportunities to earn a living.
Young men and women in urban centres were also supported to put their skills into productive use. Our administration also provided an enabling environment for the private sector to engage in businesses for which their return on investments is guaranteed.
The private sector proved a strong partner in our drive to build a resilient and sustainable economy as evidenced by the growing number of turn-key projects in various sectors of the economy.
In the course of revamping the economy, we made some difficult choices, most of which yielded the desired results. Some of the measures led to temporary pain and suffering for which I sincerely apologised to my fellow countrymen, but the measures were taken for the over-all good of the country.
Mindful of the need to ensure adequate infrastructure to drive economic growth, we completed age-long projects and processes notably amongst which are the Petroleum Industry Act, completion of some power projects, completion of the second Niger bridge and various important roads linking cities and states.
Our battle to ensure that all Nigerians live in a safe and secure environment has achieved considerable results. As I complete my term in office, we have been able to reduce the incidences of banditry, terrorism, armed robbery and other criminal activities considerably.
To sustain the gains made so far, I call on all Nigerians to be more vigilant and support the security agencies by ensuring that our values defined by being your brothers’ keeper govern our actions.
Up-till now, I still grieve for our children still in captivity, mourn with parents, friends and relatives of all those that lost loved ones in the days of the senseless brigandage and carnage. For all those under unlawful captivity our Security Agencies are working round the clock to secure their release unharmed.
Fellow Nigerians, you know how dear the desire in my heart is, to rid the country of corrupt practices that had consistently diminished our efforts to be a great country.
I did pursue this commitment relentlessly, in spite of the expected push back. I am happy that considerable progress had been made in repatriating huge sums of money back to the country and also taken over properties illegally acquired from our common wealth.
To improve service delivery, we began the implementation of a number of reforms aimed at producing an Efficient, Productive, Incorruptible and Citizen-oriented (EPIC) Federal Civil Service and the results are beginning to show.
On the international scene, Nigeria’s influence continues to grow as exemplified by notable Nigerians occupying headship and leadership positions in renowned global bodies.
Our democracy is built on and continues to thrive on the principles of separation of powers. The leadership and members of the National Assembly deserve my appreciation for their patriotism which did not detract from their roles as a check to the executive arm.
I also want to use this opportunity to express my appreciation to a good number of Nigerians who provided their support and encouragement to help me navigate the exciting journey in moving Nigeria forward.
I cannot and will not forget the millions who prayed for me during my illness in my first term of office. I am constantly praying for you and for Nigeria to thrive in peace.
As I retire home to Daura, Katsina State, I feel fulfilled that we have started the Nigeria Re-Birth by taking the initial critical steps and I am convinced the in-coming administration will quicken the pace of this walk to see a Nigeria that fulfils its destiny to be a great nation.
I am confident that I am leaving office with Nigeria better in 2023 than in 2015.

The Federal Government has warned trouble makers not to try their luck at the inauguration of President-elect, Asiwaju Bola Ahmed Tinubu and his deputy, Kashim Shettima on May 29, 2023.
This is even as it declared the same day, Monday 29, a public holiday for the inauguration.
In a statement today, May 26, the Permanent Secretary in the Federal Ministry of Interior, Dr. Shuaib Belgore, quoted the minister in the ministry, Ogbeni Rauf Aregbesola as asking Nigerians “to shun any form of violence and other untoward acts.”
He assured Nigerians that with all hands on deck, the future is very bright when the nation will attain greatness in all facets of human development.
The Minister sent words of encouragement to all Nigerians on what he called “momentous occasion,” commending them for their faith in democracy as expressed in the nationwide election that produced the President and his Deputy, and in all elections across the nation.
He begged them to continue to support and promote democracy through adherence to the rule of law and uphold all democratic institutions. ”Democracy anywhere is an unfinished business and the only way it can keep developing and serve its end of being the vehicle to good governance and the welfare of all the people is by adhering to its tenets of rule of law, support for democratic institutions, promotion of free and responsible press and advancement of the frontiers of freedom for all the people.”
Ogbeni Aregbesola called on Nigerian also to continue to promote ideals of peaceful co-existence and love for the neighbours.
“We can only practice democracy and enjoy its dividends in a peaceful environment.”
The Minister commended Nigerians for their strident efforts at achieving an unbroken civilian rule and successful change of governments since 1999 and emphasized the need for them to support and cooperate with the coming administration.

President Muhammadu Buhari has directed Vice President Yemi Osinbajo, ministers and other elected and appointed ministers to declare their assets before leaving the offices along with him on May 29.
The President, who himself collected the asset declaration today, May 26, said that the directive is in strict adherence to the constitutional requirement of assets declaration before and after taking office.
Buhari said that the asset declaration is aimed at strengthening best practices, raising moral standards in Public Service, helping to build integrity and combating corruption.
He insisted that all out-going officials, elected and appointed from the Vice President downwards must collect the assets declaration form, fill and return it as he has done.
Speaking in Abuja ,as he collected the form from Professor Isah Mohammed, Chairman of the Code of Conduct Bureau (CCB), President Buhari said that no one is excluded from the Constitutional duty of assets declaration.
“I signed, collected and acknowledged receiving my form. From here, I will ask my bank Manager in Kaduna to show me what has gone in and out of my account.
“Nobody is excluded from declaring their assets.
“I expected everyone from the Vice President downwards to follow the system.”
Professor Mohammed had said that compliance by the President in the last eight years and the support he had given to the Bureau had enabled it to achieve 99 percent compliance by elected and appointed officials.
He acknowledged the support of the President in the achievement of the digitization of its services and operations thereby helping the organisation to open investigation of cases with greater efficiency.

A five-member panel of the Supreme Court has ruled that the Peoples Democratic Party (PDP) lacked the locus standi to institute a suit seeking the disqualification of Asiwaju Bola Tinubu and Senator Kashim Shettima as presidential and vice-presidential candidates of the All Progressives Congress (APC).
In the judgment dismissing the suit today, May 26, the panel said that the PDP is not a member of the APC.
President open letter
The PDP had claimed that Shettima’s nomination as Tinubu’s running mate was in breach of the provisions of sections 29 (1), 33, 35, and 84(1) (2) of the Electoral Act, 2022.
The opposition party argued that Shettima’s nomination to contest the position of vice-president and Borno central senatorial seat — at the same time — contravened the law.

President Muhammadu Buhari has said that in his eight year presidency, he never Interfered In the affairs of the legislature (the National Assembly).
He said: “I refrained from meddling in the affairs of the legislature and promoted, instead, a culture of mutual respect and collaboration between the two Arms.”
President Buhari, who spoke at the commissioning of the permanent site of the National Institute for Legislative and Democratic Studies, (NILDS) in Abuja
Thursday in Abuja, acknowledged the harmonious relationship between the Executive and the Legislature.
He said the Legislature had been the cornerstone of any democracy, saying that the relationship had contributed to the tremendous success his administration recorded in the provision of critical infrastructure in the past eight years, many of which he had been commissioning across the country in the past few days.
“I have traversed all parts of Nigeria in the last few days commissioning several critical national infrastructures that our administration has completed over the past eight years. Our successes as a government are primarily due to the harmonious relationship between the Executive and Legislature.
“The legislature is the cornerstone of any democracy and is vital to ensuring that the wishes and aspirations of all Nigerians are considered during the law-making process. It also performs critical functions of overseeing the Executive and ensuring that government spending aligns with legislative intent.
“From the moment of my election in 2015 and subsequently, I supported the idea of an independent National Assembly, one that is able to decide its leadership and develop its agenda in line with the manifesto of the All Progressives Congress (APC).”
The President said the cordial relationship was also instrumental to the unprecedented number of Bills passed into law, and addressed some of the long-standing challenges that have hampered economic growth and development.
“Our achievements in reforming the oil and gas sector, strengthening the electoral framework, diversifying our economy, improving transparency and accountability, tackling insecurity and entrenching good governance are easily verifiable. This 9th Assembly will be remembered as one of the most productive in terms of outputs and outcomes.”
President Buhari said that Nigeria is immensely endowed in many ways, saying: “Our single greatest asset is the people of this country. Our teeming youth population provides the labour force we need to industrialise and develop our economy.
“This underscores the need for a more sustained investment in human capacity development.”
He said that human capital is the essential lifeblood of a State and its institutions as it aids in the performance of constitutionally assigned mandates better when provided with all the required resources.
“The NILDS permanent site, therefore, is a critical first step towards bolstering the capacity of the legislature to improve its law-making, oversight and representation functions.”
In his remarks, Senate President, Ahmad Lawan, expressed his delight that “the promise that the Institute would not be a white elephant project has been realized, adding that “the tenth Assembly had prioritized the completion of Legacy projects in the 2023 budget because of their importance in stimulating economic activities and the need to entrench the legacies of this administration.”
He commended President Buhari for his love for the 9th Assembly which has translated into his approval for the completion of the NILDS Complex as well as the commissioning of several projects of the National Assembly.
The Speaker, House of Representatives, Femi Gbajabiamila, said that having noted the institutional challenges facing the Legislature, the National Assembly was convinced that the commissioning of the Institute by the President would address some of the challenges.
He thanked President Buhari for his steadfast efforts at uplifting the well-being of Nigerians.