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IG entitled can remain in office despite attaining retirement age, court rules

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Not even the attainment of 60 years for public officers in Nigeria or 35 years in service mandatory retirement provision, can terminate the Inspector General of Police from completing his four-year term, Justice John Omotosho of the Federal High Court Abuja, held on Tuesday, while dismissing a case filed against the incumbent, Usman Alkali Baba.

Micheal Idoko, an activist and social crusader, had last year, sued President Muhammadu Buhari and four others including the IG, insisting that the police boss, who was born on March 1, 1963 must go for attaining the mandatory retirement age of 60 years by next month.

But in his judgment, Omotoso, who invoked section 7 (6) of the Police Act 2020 which put the tenure of office of any Inspector General of Police at four years, held that the retirement of the IGP from the Nigeria Police Force had nothing to do with his appointment on the ground that the four years tenure is sacrosanct adding that the plaintiff who claimed to be a social crusader, not only had no jurisdiction in instituting the case under the guise of public interest, but failed to establish having any peculiar or special interest over and above other Nigerians.

Specifically, Justice Omotoso described the plaintiff as a busybody and meddlesome interloper adding that he was not a serving police officer qualified for appointment or ever applied for IGP’s position and was denied.

Idoko, through his Counsel, James Onoja (SAN), had filed the suit challenging the legality of the continuous stay of the IGP in the office having served out his tenure.

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