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Civil rights advocacy group, Human Rights Writers Association of Nigeria, (HURIWA) on Monday, slammed President Muhammadu Buhari for the four-year extension of the tenure of the current Inspector General of Police, Usman Baba whose due run-off date for retirement is March 1, 2023 after attaining the mandatory age of 60 years.
HURIWA’s National Coordinator, Comrade Emmanuel Onwubiko, in a statement said the extension of the tenure of the IGP who is from Geidam, Yobe State, confirms, in tandem with generally held public opinion, that the President Buhari leans toward nepotistic tendencies and religious sentiments in his consideration of critical appointments into public office.
The group further stated that Buhari may not have extended the IGP’s tenure if he were a Southern Christian, warning about the implications of setting skewed precedents that impugns on the laws of the country and hiding such resolutions under nebulous reasons.
HURIWA equally said the President did a similar thing in the case of his appointment of Dauda Ali Biu as the acting Corps Marshal of the Federal Road Safety Corps last year. Biu, who was born in the year 1964 in Zaria, Kaduna State but hails from Hawul Local Government Area of Borno State, joined the FRSC in 1988.
Amid overwhelming calls for his retirement at the mandatory age of 60 on March 1, 2023, according to the Federal Civil Service Rules, the Minister of Police Affairs, Mohammed Dingyadi, last week said the IGP would not be retiring midway into the general election, as earlier expected, as his tenure had already been extended by Buhari.
The minister explained that the Police Act 2020 had changed the rules for the IGP, revealing that Baba has a four-year tenure.
Commenting, HURIWA’s Onwubiko said, “President Muhammadu Buhari illegally confirmed the FRSC Corp Marshall who is already 59 and will retire next year but because he is a northern Muslim from Borno State, the President violated civil service rule on retirement and gave him a tenured appointment far beyond his retirement time.
“Same as IGP who ought to retire in March this year but the minister of police affairs distorted the interpretation of the law by claiming that the IGP is not going when he is due to retire even when the Police Act is not an alteration of constitutional provision which says IGP must be appointed from the police force and the civil service rule says the IGP will retire upon reaching 60.
HURIWA said the current IGP Usman Alkali Baba should be retired in March on attainment of 60 years because of the following cogent, verifiable reasons thus: “The President should know that he cannot, through fiat or a letter of appointment, amend the Constitution of Nigeria. Section 215(1)(a) of the Constitution 1999, states that the appointment must be made ‘from among serving members of the Nigeria Police Force.’ Again, the Nigeria Police Act 2020, signed into law by the Sitting President, states that the IGP must be a serving Police Officer not below the rank of an AIG. See section 7(2). And from available records the present IGP ceases to be a Serving Officer from 1st March 2023 when he is statutorily retired from Service by the operation of the Public Service Rule no 020810 which terminates tenure of all public officers after 35yrs of service or 60yrs of age.
Therefore, whether it is the Public Service Rule, the Police Act 2020, and the Constitution of Nigeria 1999, the President cannot legally override all the laws of the land by or through a mere letter of appointment. Again, using the excuse of the national election is a mockery of the Force from whatever perspective we look at it. In other words, that the Nigeria Police Force cannot function well without one Baba Alkali Baba as the IG. This is a nonsensical argument because thousands of better qualified, better-fit, better educated and more competent guys are in the Police waiting to take over, to give the Country a more efficient NPF.”
“The police Act did not invalidate the Constitution of Nigeria or the civil service rules but President Muhammadu Buhari went ahead to extend their tenures confirming allegations of nepotism, religious sentiments and tribalism because the two persons are from Yobe and Borno and are Muslims. Would President Muhammadu Buhari be open to extend such favour couched in illegality to a Christian from Southern Nigeria? The implications of setting this type of precedent and abuses of the laws of the country with inclination to nepotistic appeal is grave.
“The President should know that he cannot, through fiat or a letter of appointment, amend the Constitution of Nigeria. Section 215(1)(a) of the Constitution 1999, states that the appointment must be made ‘from among serving members of the Nigeria Police Force.
“Again, the Nigeria Police Act 2020, signed into law by the Sitting President, states that the IGP must be a serving Police Officer not below the rank of an AIG. See section 7(2). And from available records the present IGP ceases to be a Serving Officer from 1st March 2023 when he is statutorily retired from Service by the operation of the Public Service Rule no 020810 which terminates tenure of all public officers after 35yrs of service or 60yrs of age.
“Therefore, whether it is the Public Service Rule, the Police Act 2020, and the Constitution of Nigeria 1999, the President cannot legally override all the laws of the land by or through a mere letter of appointment. Again, using the excuse of the national election is a mockery of the Force from whatever perspective we look at it. In other words, that the Nigeria Police Force cannot function well without one Baba Alkali Baba as the IG This is a nonsensical argument because thousands of better qualified, better fits, better educated and more competent guys are in the Police waiting to take over, to give the Country a more efficient NPF.”