By Abubakar D. Sani, Esq
Introduction
The public disquiet over the continuing service of the incumbent
head of the Police Force, the Inspector-General, Mal. Ibrahim
Idris, is based on the assumption that he has attained (or will
shortly attain) either or both of the milestones statutorily
prescribed for his compulsory retirement under Rule
020810 of the extant Federal Public Service
Rules. This provision requires all officers of whatever
grade in the Public Service of the Federation to disengage from the
Service in two instances: on attaining 35 years of pensionable
service or their 60th birthdays, whichever is
earlier.
The popular belief is that IG Idris is caught by this
stipulation because he reportedly enlisted in the force on the
3rd day of January 1984, (meaning that he attained the
first milestone on 3rd January, 2019), while he will be
60 years old on the 15th day of January, 2019.This
raises a number of basic but fundamental questions. First of all,
do the Public Service Rules apply to police officers and, if so, is
it possible to extend their service years under any known law?
Assuming that the Public Service Rules apply to the IGP, what is
the legal status of those Rules?
The Police under the Law
Section 214 of the 1999 Constitution
establishes the Nigeria Police Force as the sole policing authority
for the Federation. Section 215 of the
Constitution provides that the Police shall be under the
operational command and control of the Inspector-General, who shall
be appointed by the President on the advice of the Nigeria Police
Council from among serving members of the Force. By virtue of
Section 11(1)(c)(i) of the Interpretation Act,
this power includes the power to reappoint or reinstate him/her.
Paragraph 30 of the Third Schedule to the 1999
Constitution provides that the Police Service Commission
shall appoint and exercise disciplinary control over all police
officers apart from the Inspector-General.
The Constitution, thus, creates specific structures for managing
and controlling the police. This is in contradistinction to other
officers in public service of the Federation who are under a
separate command and control structure – the Federal Civil Service
Commission, FCSC – by virtue of Paragraphs 10 & 11 of the
Third Schedule to the 1999 Constitution. The powers of the
FCSC over Federal civil servants are expressly stated therein to be
without prejudice to those of, inter alia, the President
and the Police Service Commission.
Who Can Regulate Public Officers?
By virtue of Items 53 and 68 of the Exclusive
Legislative List of the Constitution, it is the sole
prerogative of the National Assembly to regulate officers in the
Public Service of the Federation, including matters which are
incidental or supplementary thereto. This presumably includes the
terms and conditions of service of such officers, commonly known as
the Public Service Rules. Such Rules were judicially noticed by the
apex court in SHITTA-BEY Vs. FEDERAL PUBLIC SERVICE
COMMISSION (1981) 1 S.C. 26 @ 32. We must not make too
much of this, however, as that recognition was based on specific
provisions of the 1963 Constitution which, like the present
Constitution, excluded policemen and judicial officers from the
purview of the Federal Public (or Civil) Service Commission.
What about Police Officers?
By virtue of Items 45 and 68 of the Exclusive
Legislative List of the Constitution, the National
Assembly possesses the sole authority for regulating the Police
both in terms of substantive legislation as well as matters
incidental or supplementary thereto. The Assembly exercised (or is
deemed to have exercised) this power through the Police Act
and the Police Regulations (and Standing Orders?) made by
the President vide powers conferred on him under Sections
46 & 47 of the Police Act. They provide, inter
alia, thus:
- 46(b): “the President may make regulations on the
recommendations of the Police Service Commission with respect to
appointments to offices in the Force, promotion, transfer,
dismissal and disciplinary control of officers”. - 47(1)(b): “the President may make standing orders for the
good order, discipline and welfare of the Force after consultation
with the Police Service Commission with respect to any matter
relating to appointments to offices in the Force, promotion,
transfer, dismissal and discipline of members of the
Force”. - 47(3): “such Standing Orders shall be binding on all police
officers, but need not be published in the Federal
Gazette”
Apart from Regulations 137-148 of the Police
Regulations, I’m unaware of any specific provisions for
reabsorbing, re-engaging, reappointing or extending the service
tenure of policemen. The aforesaid Regulations are strictly
to and applicable to only so-called “rank and file” policemen,
whose tenures may be extended at the discretion of a Commissioner
of Police. To the best of my knowledge, no similar provision exists
for extending the service of policemen above the rank of
Commissioner, or at all events, outside the so-called ‘rank and
file.’
Do the Public Service Rules apply to
Policemen?
This question is at the heart of the controversy over the
legality of IGP’s continued stay in the Force. The foregoing
demonstrates that to the extent that the Federal Public Service
Rules are inapplicable to the Police, no known law stops the
President from extending the service of the IGP as a prelude to
reappointing him to that office. See Section 11(1)(c)(i) of
the Interpretation Act, supra. Indeed, there is some
precedent (albeit tenuous) for such a step, as all the incumbent
Service Chiefs, including the Chief of Defence Staff, have exceeded
the retirement ages under the Federal Public Service Rules,
having enlisted in the military – without exception – over 35 years
ago (three of them in 1979, and the last, the Chief of Army Staff,
in 1983).
We must quickly add, however, that when the President extended
their terms of service in December 2017, he did so pursuant to
Section 09.06 of the Harmonised Terms and Conditions of
Service of Officers (2012) as revised, which were
ostensibly made pursuant to the Armed Forces Act.
If indeed, President Buhari intends to extend the tenure of IG
Idris, it seems that Section 10(2) of the Interpretation
Act would provide him with some authority of sorts. It
provides that “an enactment which confers power to do any act
shall be construed as also conferring all such other powers as are
reasonably necessary to enable that act to be done or are
incidental to the doing of it”. See ATT-GEN oF CROSS
RIVER STATE vs. OJUAH (2011) All FWLR Pt. 594 pg. 151. In
other words, to the extent that Section 215(1) of the
Constitution empowers the President to appoint the IGP
(who must be a serving police officer), if the President desires to
reappoint a supposedly retiring IGP, he can validly do so simply by
extending his service as a Police officer.
I humbly posit that such a power is reasonably necessary to
enable the President to exercise his constitutional power of
appointing the IGP and is incidental to the doing it within the
contemplation of Section 10(2) of the Interpretation
Act. However, a more straightforward way of achieving this
would be for the President to enact the requisite enabling
Regulation or Standing Order, pursuant to Sections 46 & 47
of the Police Act as aforesaid – assuming, that is, no
such provision already exists.
Abubakar D. Sani, Esq. writes
from Kano. 08034533892
Read more is-the-igp-bound-to-retire-under-the-public-service-rules/
INEC Commissioner, Haruna Mohammed to Speak at Campus
Journalism Awards 2019
… Youths Digest Releases List of Finalists
A National Commissioner of Independent National Electoral
Commission (INEC), Mallam Haruna Mohammed will speak at the annual
Campus Journalism Awards (CJA) on January 19, 2019 in Abuja.
The Youths Digest Magazine, the organiser of the annual Campus
Journalism Awards (CJA) confirmed the acceptance of the celebrated
columnist as a Keynote Speaker to speak on “Media Role in an
Electionering Period.”
The organiser also released the names of 30 shortlisted
finalists from 241 entries on student-journalists for the 2019
edition of the awards.
According to the organizer, 15 winners will be eventually
selected by a Panel of Judges from the shortlisted finalists for
different categories.
The categories of the awards are: Upcoming writer, Entertainment
writer, Sports writer, News Reporter, Gender equality and
Broadcaster.
Others are Photo-journalist, Penclub, Author (Book), Social
media influencer, Investigative journalist, Features writer,
Editor, Magazine and Campus journalist of the year
The award is set to hold on January 19 at Nnamdi Azikwe Hall,
Nicon Luxury Hotel, Abuja.
The Award Committee assesses entries for accuracy, clarity,
originality, creativity and the unique styles of delivery.
The panel also considers excellence in artistic presentations
that enhance or augment the nominations.
The list of the 30 finalists are listed below.
Signed
Gidado Y. Shuaib
Editor, Youths Digest
…………………………
List of 30 Finalists for Campus Journalism Awards 2019
1. Abdulhamid Abdullahi Aliyu
Department- Information and Media Studies
Institution: Bayero University, Kano (BUK)
2. Adejumo Kabir
Department- English
Institution: Obafemi Awolowo University, Ile-ife, Osun State
3. Adekola Mercy
Department : Mass communication
Institution: Adekunle Ajasin University, Akungba Akoko, Ondo
state
4. Adeyemi Ibrahim
Department; Modern European Languages And Linguistics
Institution: Usmanu Danfodiyo University, Sokoto
5. Akinpelu Yusuf
Department -Statistics
Institution – University of Ibadan, Ibadan.
6. Akinremi Rebecca
Department- English
Institution- Obafemi Awolowo University, Ile-ife, Osun state
7. Alfred Olufemi
Department- English
Institution- Obafemi Awolowo University, Ile-ife, Osun state
8. Deborah Phillips
Department- Mass communications
Institution: Bayero University, Kano
9. Efosa Taiwo
Department- Mass Communication
Institution: Moshood Abiola Polytechnic, (MAPOLY)
10. Ekpali Joseph Saint
Department-Mass communications
Institution- University of Nigeria, Nsukka, Enugu
11. Emmanuel Ayamga
Department- Communications
Institution: Ghana Institute Of Journalism.
12. Eric Aondover Msughter
Department- Mass communication
Institution: Bayero University, Kano.
13. Fatima Abbas
Department- Biology Education
Institution- University Of Maiduguri (UNIMAID)
14. Ibrahim Gaddafi Tanko
Department: Private and property law , Faculty of Law
Institution: Taraba State University
15. Ikulajolu Adesola
Department- Mass communication
Institution- Adekunle Ajasin University, Akungba Akoko,Ondo
state.
16. Mahmud Abdulsalam
Department- Mass communication
Institution- Fati Lami Abubakar Institute of Legal and
Administrative Studies (FLAILAS),Minna, Niger State
17. MAPOLY
Moshood Abiola Polytechnic
Ogun State
18. Maryam Abdullahi
Department-Modern European Languages and Linguistics
Institution- Usmanu Danfodiyo University, Sokoto.
19. Muhammad Fatima Zahra
Department- Mass Communication
Institution- IBB University, Lapai, Niger State
20. Muneer Yaqub
Department-Microbiology
Institution- Usmanu Danfodiyo University, Sokoto.
21. Ojuroungbe Sodiq
Department- Mass communication
Institution- Moshood Abiola Polytechnic, Abeokuta.
22. Okerinde Timothy Ayobami
Department- Broadcast Journalism
Institution: Lagos State University
23. Okerinmodun Faith Olusegun
Department-English Language
Institution-Obafemi Awolowo University, Ile-ife, Osun State
24. Oluwatobi Abimbola Odeyinka
Department-Mass communications
Institution- Moshood Abiola Polytechnic, Abeokuta.
25. Semudara Omowumi Grace
Department- mass communications
Institution- Adekunle Ajasin University, Akungba-Akoko,Ondo
state
26. Sulaiman Jamiu Abiodun
Department- Political Science
Institution- Usmanu Danfodiyo University, Sokoto
27. Uthman Samad
Department- English
Institution- Obafemi Awolowo University, Ile-ife, Osun state
28. Temitope Samuel Akinmoladun
Department-Urban and Regional Planning
Institution- Federal University Of Technology, Akure.
29. Tomori Uriel
Department: Mass communications
Institution: University of Ilorin, Ilorin
30. UNILORIN
University of Ilorin
Gidado Y. Shuaib
Editor, Youths Digest