Court sets aside order unseating IGP from office

The Federal High Court sitting in Akwa-Ibom has set aside its judgment delivered On May 19, 2023, restraining the Inspector General of Police (IGP), Usman Baba, from parading himself as the office holder.

Justice Fatun Riman set aside the judgement on the ground that the Originating Processes in the suit filed by a journalist, Okechukwu Nwafor, were not served on the IGP. The judge had, in the judgment, declared as unlawful and unconstitutional the continued stay in office of Baba, after attaining the statutory age of retirement, holding that it is a clear violation of the provisions of the Police Act, 2020.

The court had also ordered former President Muhammadu Buhari to convene a meeting of the Nigeria Police Council to appoint a new Inspector General of Police who will occupy the office for four years. It will be recalled that Buhari had, in January 2023, extended the tenure of Baba even though he clocked 60 on March 1, 2023.

Dissatisfied with the verdict, the IGP approached the court, seeking an order setting aside the judgement because he was not served with the originating Processes.

The IGP also sought an order setting aside the judgment on the grounds that Justice Josephine Omotosho had determined the subject matter of the suit and the issues raised therein. Baba had also argued that a party might apply to the court to set aside its judgment if any of the following elements taint the judgment; fraud, non-service and lack of jurisdiction by the court.