A three-man panel of the Court of Appeal led by Justice Olabisi Ige unanimously held that the IGP lacked the power to recruit constables for the police force.
The court held that the power to carry out the recruitment was exclusively that of the Police Service Commission.
The PSC, in a superiority battle with the IGP, had in September 2019, instituted the suit marked FHC/ABJ/CS/1124/2019, in its bid to gain the exclusive right to conduct the recruitment process, which the NPF and the IGP, had as of that time, almost concluded.
The commission asked the Federal High Court judge, Justice Inyang Ekwo, to nullify the process already commenced by the NPF and the IG.
But the judge, in his judgment delivered on December 2, 2019, dismissed PSC’s case, which he adjudged to be lacking in merit.
The PSC had through its lawyer, Chief Kanu Agabi (SAN), a former Attorney-General of the Federation and Minister of Justice, appealed against the judgment, which he urged the Court of Appeal to set aside.
Delivering the lead judgment of the Court of Appeal on Wednesday, Justice Ige upheld the PSC’s case by resolving all the issues raised in favour of the appellant.
The court agreed with Agabi, represented in court by Edidiong Usungurua, held that the word “appointment” used in the Constitution with respect to the powers conferred on the Police Service Commission included “the power of recruitment and or enlistment of recruit constables”.
The court held that the police regulation and or provisions of the Police Act which purportedly vested the IGP the power of recruiting constables “is null and void being in conflict with the Constitutional powers vested in the Police Service Commission”.
It therefore declared the recruitment carried out by the IGP as “null and void”.
The court had earlier dismissed the preliminary objection filed by the Nigeria Police Force, the IGP and the Minister of Police Affairs.
Reacting to the judgment, the commission’s spokesperson, Ikechukwu Ani, described it as “victory for the rule of law”.
Tags
Society