“IGP Case, It Was Never About Tenure Extension, We Have Been Asked To Appeal FHC Decision For Being Pervasive” — E. H. Ugochukwu Chambers

The Law Firm of E.H. Ugochukwu has reacted to the decision of
the Federal High Court which validated Buhari’s extension of the
tenure of the former Inspector General of Police in the case of
Maxwell Okpara v The President of the Federal Republic of
Nigeria.

In a statement made available to Nairalaw signed by its
Principal Partner, Ugochukwu Ezekiel, the law firm says actually
the court agreed that the former IGP retired on February 1, 2021.
However, the court refused to give interpretation to the clear
provisions of the Police Act

The law firm which stated that Okpara was their client in the
suit said, “Earlier today the Federal High Court, per Honourable
Justice A.R Mohammed delivered judgment in the case of our client,
Barr. Maxwell Okpara v. The President of the Federal Republic of
Nigeria & ors, wherein our client sought the interpretation of the
Constitution of the Federal Republic of Nigeria (As amended) on
whether a non-serving Police Officer can continue to hold office as
the Inspector-General of Police after retirement and whether the
President’s refusal to take steps to appoint a new
Inspector-General of Police amounts to abdication of duty as
conferred on him by Sections 215 and 216 of the Constitution of the
Federal Republic of Nigeria (As amended), Sections 7 and 18 of the
Nigerian Police Act, 2020.

“The Court agreed with us that:

(1) all objections raised by the 2nd Defendant to the suit by
the former IGP were baseless and dismissed same.

(2) that it was proved by our client that the IGP retired on the
1st of February, 2021 by virtue of his attaining 35 years of
age.

“However, the Court in a very bizarre move refused to consider
the provisions of the law in order to give a clear interpretation
to the provisions of the Constitution and the Nigerian Police Act.
Instead, a matter which was filed long before the President of the
Federal Republic of Nigeria decided to exercise an unknown power of
tenure extension, was dramatically reduced to the sole issue of
extension. Our suit was primarily about the legal implications of a
retired police officer holding on to the office of the IGP when he
is retired by operation of law. Regardless of the fact that parties
joined issues and extensively argued on this point, this issue was
not addressed nor resolved in the said judgment and it formed the
substratum of the suit.

“Rather, in an unbelievable twist and without reliance on any
known law, the President was conferred with the power to extend the
tenure of a person who is effectively retired from the police by
operation of law. This was done even after the President realized
his error and fired the former IGP during the pendency of his
illegal extension.”

Ugochukwu Chambers said further that Okpara has instructed them
to file an appeal against the Federal High Court decision to avoid
abuse of laws and to prevent the current IGP from enjoying unlawful
appointment

“While we thank his Lordship for his kind appreciation of our
industry and arguments as Lawyers, we are of the opinion that His
Lordship failed to consider the case before the Court. Our case was
basically the interpretation of specific sections of the
Constitution and the Nigerian Police Act, 2020. This, the Court
glossed over. My Lord did not, in his specific decision, resolve
the issues canvassed by parties.

“Our client has consequently asked us to challenge the decision
at the appellate level, in order to avoid the abuse of our laws and
prevent the present IGP, who is also not qualified, from enjoying
an unlawful appointment. That, we shall do!” the statement reads in
part

The Law Firm of E.H. Ugochukwu has reacted to the decision of
the Federal High Court which validated Buhari’s extension of the
tenure of the former Inspector General of Police in the case of
Maxwell Okpara v The President of the Federal Republic of
Nigeria.

In a statement made available to Nairalaw signed by its
Principal Partner, Ugochukwu Ezekiel, the law firm says actually
the court agreed that the former IGP retired on February 1, 2021.
However, the court refused to give interpretation to the clear
provisions of the Police Act

The law firm which stated that Okpara was their client in the
suit said, “Earlier today the Federal High Court, per Honourable
Justice A.R Mohammed delivered judgment in the case of our client,
Barr. Maxwell Okpara v. The President of the Federal Republic of
Nigeria & ors, wherein our client sought the interpretation of the
Constitution of the Federal Republic of Nigeria (As amended) on
whether a non-serving Police Officer can continue to hold office as
the Inspector-General of Police after retirement and whether the
President’s refusal to take steps to appoint a new
Inspector-General of Police amounts to abdication of duty as
conferred on him by Sections 215 and 216 of the Constitution of the
Federal Republic of Nigeria (As amended), Sections 7 and 18 of the
Nigerian Police Act, 2020.

“The Court agreed with us that:

(1) all objections raised by the 2nd Defendant to the suit by
the former IGP were baseless and dismissed same.

(2) that it was proved by our client that the IGP retired on the
1st of February, 2021 by virtue of his attaining 35 years of
age.

“However, the Court in a very bizarre move refused to consider
the provisions of the law in order to give a clear interpretation
to the provisions of the Constitution and the Nigerian Police Act.
Instead, a matter which was filed long before the President of the
Federal Republic of Nigeria decided to exercise an unknown power of
tenure extension, was dramatically reduced to the sole issue of
extension. Our suit was primarily about the legal implications of a
retired police officer holding on to the office of the IGP when he
is retired by operation of law. Regardless of the fact that parties
joined issues and extensively argued on this point, this issue was
not addressed nor resolved in the said judgment and it formed the
substratum of the suit.

“Rather, in an unbelievable twist and without reliance on any
known law, the President was conferred with the power to extend the
tenure of a person who is effectively retired from the police by
operation of law. This was done even after the President realized
his error and fired the former IGP during the pendency of his
illegal extension.”

Ugochukwu Chambers said further that Okpara has instructed them
to file an appeal against the Federal High Court decision to avoid
abuse of laws and to prevent the current IGP from enjoying unlawful
appointment

“While we thank his Lordship for his kind appreciation of our
industry and arguments as Lawyers, we are of the opinion that His
Lordship failed to consider the case before the Court. Our case was
basically the interpretation of specific sections of the
Constitution and the Nigerian Police Act, 2020. This, the Court
glossed over. My Lord did not, in his specific decision, resolve
the issues canvassed by parties.

“Our client has consequently asked us to challenge the decision
at the appellate level, in order to avoid the abuse of our laws and
prevent the present IGP, who is also not qualified, from enjoying
an unlawful appointment. That, we shall do!” the statement reads in
part