Can the Appointment of an Inspector General of Police be Extended? Daily Law Tips (Tip 727) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)
Introduction:
The Nigeria Police Force is a creation of the Constitution of the Federal Republic of Nigeria. It is the only police force for the whole of Nigeria and is headed by the Inspector General of Police. An Inspector General of Police is to be appointed by the President of Nigeria. Over the years, past presidents of Nigeria have at different times, extended the appointments of Inspector Generals of Police. The big question here is, “Can the appointment of an Inspector General of Police be Extended?”
The IGP and the President:
The President of Nigeria has constitutional powers to appoint an Inspector General of Police (IGP), on the advice of the Nigeria Police Council. A person to be appointed as an Inspector General of Police (IGP) must be a serving member of the Nigerian Police Force.
Furthermore, the serving member of the Nigeria Police Force must also be not below the rank of an Assistant Inspector General of Police (AIG) and must have at least a first degree or its equivalent, in addition to professional and management experience. Also, a serving Inspector General of Police (IGP) can be removed from office by the President of Nigeria but must consult the Nigerian Police Council.
An Inspector General of Police (IGP) can only serve for four (4) years, according to the new “Nigeria Police Act, 2020”. The mentioned federal law is silent on the reappointment or extension of appointment of an Inspector General of Police (IGP). Hence, there is no law authorizing the extension of the appointment of an Inspector General of Police (IGP) in Nigeria. Rather the law expressly stated that an Inspector General of Police can only serve for four (4 years only.
Conclusion:
The President of Nigeria has the constitutional powers to appoint and to remove an Inspector General of Police (IGP) on the advice of the Nigeria Police Council. There is no law in Nigeria that empowers the President of Nigeria, the National Assembly, the Nigeria Police Council, the Police Service Commission or any person/institution/office/group to extend or to expand the four years maximum tenure of an Inspector General of Police (IGP).
Hence, no person in Nigeria can extend the appointment of an Inspector General of Police (IGP), even for one day. Also, an extension or an attempt to extend the tenure of an Inspector General of Police (IGP) is unconstitutional, illegal, null and void. As such, all works done, documents signed, orders given and directives sanctioned by an illegally extended Inspector General of Police (IGP) may be legally invalid, illegal, null and void. This is the law of Nigeria and it remains so, until the federal legislature amends it.
My authorities, are:
- Sections 1, 2, 3, 4, 5, 214, 215 and 216 of the Constitution of the Federal Republic of Nigeria, 1999.
- Sections 7, 8, 9, 136, 141 and 142 of the Nigeria Police Act 2020
- “Inwalomhe Donald”, Tenure extension of IGP: Ehindero and Okiro examples (theGuardian, 10 January 2019) <https://guardian.ng/opinion/tenure-extension-of-igp-ehindero-and-okiro-examples/> accessed 2 February 2021.
- Onyekachi Umah, “Head of a Police Station Must Make Monthly Report of Arrests to a Magistrate” (LearnNigerianLaws.com, 24 August 2020) <https://sabilaw.org/head-of-police-station-must-make-monthly-report-of-arrests/ > accessed 17 November 2020.
- Onyekachi Umah, “Police Stations Now Have Supervising Magistrates” (LearnNigerianLaws.com, 9 October 2020) <https://sabilaw.org/police-stations-now-have-supervising-magistrates/ > accessed 17 November 2020.
- Chris Admin, “Onyekachi Umah Speaks To ChannelsTv On SARS & The New Police Act” (LearnNigerianLaws.com, 9 November 2020) <https://sabilaw.org/onyekachi-umah-speaks-to-channelstv-on-sars-the-new-police-act/> accessed 2 February 2021.
- Dennis Erezi, “Why IGP tenure extension is not an issue – Lai Mohammed” (TheGuardian, 9 January 2019) <https://guardian.ng/news/why-igp-tenure-extension-is-not-an-issue-lai-mohammed/> accessed 2 February 2021
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