Tuesday, Justice John Omotsho of the Federal High Court in Abuja dismissed a lawsuit filed by social crusader Michael Idoko seeking the removal of Inspector-General of Police Alkali Usman Baba.
Idoko, the plaintiff in the case with reference number FHC/CS/31/2023, specifically requested that the court declare Alkali Usman Baba's appointment as illegal and null and void, as well as remove him as the Inspector-General of Police.
The plaintiff also asked the court to declare that the IGP is required by law to retire after 35 years of service or at the age of 60, whichever comes first.
However, Justice Omotosho, in his ruling, stated that the first, second, and third defendants had submitted preliminary objections asking the court to dismiss the case for lack of jurisdiction, abuse of court process, and the plaintiff's lack of the right to file the lawsuit.
The court further held that the plaintiff had failed to demonstrate that the appointment of the IGP on November 30, 2021, for a four-year term violated his fundamental rights or that he was disregarded in favour of the second defendant.
Additionally, the court concluded that the plaintiff was not a police officer and had not demonstrated that he had suffered significant losses as a result of the IGP's appointment.
“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.
But the court said, “Assuming, but not conceding, that the plaintiff has the legal right to file the suit,” and the judge pointed out that, according to section 7(6) of the Police Act of 2020, an IGP must be a serving police officer, which the second defendant is.
“Second defendant is entitled to enjoy his four-year tenure as Inspector-General of Police, not minding his age.”
The judge ruled that Alkali Baba Usman’s retirement from the Nigeria Police Force has nothing to do with his appointment because an IGP’s four-year term is set in stone.