Justice John Omotsho of the Federal High Court sitting in Abuja, on Tues­day, dismissed a suit by a social crusader, Michael Idoko, seeking the removal of the Inspector-General of Police, Alkali Usman Baba from office.
Specifically, the plaintiff in the suit marked FHC/ CS/ 31/2023, prayed the court to declare Alkali Us­man Baba’s appointment il­legal, null and void, as well as an order sacking him as the Inspector-General of Police.
Among other reliefs, the plaintiff asked the court to declare that the IGP is statutorily required to retire after attaining 35 years of service in the Ni­geria police or the age of 60 years, whichever comes first.
Delivering judgment on the suit, Justice Omotosho stated that the 1st, 2nd and 3rd defendants filed pre­liminary objections, seek­ing the court to dismiss the suit for want of jurisdic­tion, abuse of court process and lack of locus standi to institute the suit.
The court held that the plaintiff has not shown how the appointment of the IGP on November 30, 2021, for a four-year term infringed upon his funda­mental rights or whether he was ignored in prefer­ence of the 2nd defendant.
It was the findings of the court that the plaintiff is not even a serving police officer, and has not shown any evidence that he has suffered great loss following the appointment of the IGP.
“The suit is speculative, academic and hypothetical.
“Plaintiff is neither the Attorney-General of the Fed­eration nor Attorney-Gener­al of a state that files funda­mental rights suits on behalf of the public.
“The suit is bound to be dismissed for lack of lo­cus,” the court held.
However, the court held that assuming without con­ceding that the plaintiff has the legal right to file the suit, but the judge not­ed that in line with section 7(6) of the Police Act 2020, a serving police officer shall be appointed to the posi­tion of IGP, which the 2nd defendant is.
“Second defendant is en­titled to enjoy his four-year tenure as Inspector-Gener­al of Police, not minding his age.”
The Judge held that the retirement of Alkali Baba Usman from the Nigeria Police Force has nothing to do with his appoint­ment on the ground that the four years tenure for the position of an IGP is sacrosanct.