President Muhammadu Buhari and the Attorney General of the Federation (AGF) Abubakar Malami says the constitution of the Federal Republic of Nigeria gives the President power to extend the tenure of Mohammed Adamu as Inspector General of Police (IGP).
They contended that the President is allowed by law to extend the IGP’s tenure as he wishes.
It would be recalled that an Abuja-based lawyer, Maxwell Okpara had approached a Federal High Court in Abuja with a suit seeking to stop Adamu from parading himself as the IGP.
Okpara joined the president, IGP Adamu, Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN) and the Nigeria Police Council as defendants in the suit.
Responding, Buhari and Malami, in a counter-affidavit filed on March 15, 2021, said, in the exercise of the executive power conferred on the president by the constitution, he can appoint a serving police officer as the IGP in consultation with the Police Council.
The counter-affidavit deposed to by a litigation clerk in the Federal Ministry of Justice, Thomas Etah said, it is a fact that extension of the tenure of any public officer is conferred on the president and Adamu is a public officer.
According to the president, the Police Council and the Police Service Commission have not disclosed any contrary fact that Adamu is not a serving police officer.
He said: “The Nigeria Police Act 2020 is a subsidiary legislation passed by the National Assembly and the appointment of an IGP is by the constitution, conferred on the President of the Federal Republic of Nigeria.”
President Buhari and Malami, who are 1st and 3rd defendants in the suit, therefore, prayed the court to dismiss the plaintiff’s suit with a heavy cost for being frivolous, unmeritorious and undeserving of the time of the court.
