A human rights lawyer and Senior Advocate of Nigeria, Mr. Ebun-Olu Adegboruwa, has said that there will be constitutional crisis should the current Inspector General of Police, Abubakar Adamu, stay in office beyond midnight of February 1, 2021.
Adegboruwa, in an interview with the PUNCH online newspaper, said, “By midnight of February 1, 2021, Mr. Adamu seizes to be a member of the Nigerian police force. Having attained the mandatory year of service within the force. So, if he is no longer a member of the NPF, he cannot be a leader of the force.
“It is going to be a constitutional crisis if he does not vacate office by the end of today. There will be a serious constitutional crisis if he remains in office without extension or replacement by 12 midnight,”
According to Adegboruwa, Adamu will lose the right to claim IGP rank by reason of his retirement because one can serve as IGP only if he is a police officer
“His retirement from the force also dis-entitles him to claim the rank of IGP. This is because you can only be the IGP if you are a member of the NPF. So, as long as there is no decision taken by the security council in respect of likely extension of tenure, I believe that as we speak now, the man should be on his way out of office.” he said
He added, “I don’t see how he can continue in office beyond one hour after midnight of today. If that happens, they will have several legal consequences. How does he preside over other legitimate functions when he is no longer in service. Whatever action he takes becomes illegal in the eye of the law.”
Adamu, and many other top officials of the Nigerian Police Force are billed to retire on Monday, after spending the maximum number of years in service.
The IGP, who joined the service on February 1, 1986, will attain the mandatory 35 years in service.
Mr Adamu took over from Ibrahim Idris who retired in January 2019.
Aside the IGP, three Deputy Inspectors-General (DIGs) and 10 Assistant Inspectors-General (AIGs) are also due to retire from the police.
The DIGs are former EFCC boss Ibrahim Lamorde, Aminchi Baraya and Nkpa Inakwu.
The AIGs are Nkereuwem Akpan, Olafimihan Adeoye, Agunbiade Labore, Undie Adie and Olugbenga Adeyanju.
Others are Asuquo Amba, Mohammad Mustapha, Jonah Jackson, Olushola Babajide and Yunana Babas.
The amended Police Act, signed into law by President Muhammadu Buhari recently, pegs the retirement age of police officers at 60 years of age or 35 years of service.
By precedence and practice, a replacement for the IGP ought to have been announced few days to his retirement.