The Inspector General of Police (IGP), Mohammed Adamu has filed 20 fresh grounds of appeal before the Supreme Court challenging the judgement of the Court of Appeal which voided the Police Act, 2020 and his powers to recruit 10,000 constables.
The fresh notice of appeal with 20 grounds of October 15, adding to an initial three grounds of appeal filed on October 2, was jointly filed by the IGP, the Nigerian Police Force, and the Federal Ministry of Police Affairs against the Police Service Commission (PSC).
The appellants, had through their lawyer, Dr. Alex Izinyon (SAN) originally asked the Supreme Court to order the stay of execution of the judgment of the Court of Appeal.
The three-member panel of the Court of Appeal led by Justice Olabisi Ige had in their judgment unanimously held that the that the Police Act is a breach of Paragraph 30 Part 1 of the Third Schedule to the 1999 Constitution which empowers the PSC to appoint persons into offices in the Nigeria Police Force except the Office of the Inspector General of Police.
The appellate court held that IGP and the NPF lacked the power to recruit the constables 10, 000 who were already recruited by the police, which was upheld by a Federal High Court in Abuja.
The panel further ruled that the constitutional provision granted power to the commission to appoint persons into offices in the Nigeria Police “and did not exclude constables and cadets to Nigeria Police Academy from offices in the Nigeria Police into which the Appellant (PSC) can appoint persons.”
But in the notice of appeal, Izinyon argues on behalf of the IGP among others, that the power of the NPF and the IGP to enlist the recruit constables was distinct from the power of the PSC to appoint them.
He faulted the Court of Appeal’s decision that the Nigeria Police Regulations 1968 conferring the power of “enlistment of recruit constables” conferred on the NPF was inconsistent with the Nigerian Constitution.
Izinyon further argues that Section 71 of the Police Regulation, 1968 was not synonymous with the power of “appointment” used in the Nigerian Constitution or the Police Service Commission (Establishment) Act.
“The power to enlist recruit constables conferred on the 1st appellant (NPF) is distinct and is not the same function conferred on the 1st respondent (PSC),” he said.