Olusegun Ariyo

The Recently enacted police Act 2020 coming from the parliament, and that which was signed by President Mohammadu Buhari has been declared unconstitutional as it says its an infringement against the mandate of the police service commission.  

It ruled that the provision of the Act was in conflict with paragraph 30 Part 1 of the Third Schedule to the 1999 Constitution “which empowers the commission to appoint persons into offices in the Nigeria Police Force except the Office of the Inspector-General of Police.”

In a statement signed By Commission’s Head of Press Relation, Ikechukwu Ani Entitled: Appeal Court Declares 2020 Police Act Illegal  As it Affect PSC Mandate NULL and Void Say No Act of National Assembly Or Law Can Curtail It Gives Perpetual Injunction Restraining The Police From Further Interfering With The PSC from Powers, and that which was obtained by Urban Express-News Online stated that the 10, 000 constable recruitment carried by police authorities remains Null and void.

The statement stated “ the details of the appeal court judgment were contained in the certified true copy received yesterday, Tuesday.

It said, “Justice Emmanuel Agim, one of the three Justices of the court in his concurrent judgment, ruled that Paragraph 30 of Part 1 of the Third Schedule to the 1999 Constitution has given the 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 can appoint persons.”

The statement Put further; “that the judge further declared that “no Act of the National Assembly or law can take away or curtail such power.”

He further noted that, even if the Nigeria Police carried out the disputed enlistment pursuant to a directive or approval of the President Mohammadu Buhari, the enlistment would remain contrary to the constitution and therefore, unconstitutional and void. Such a directive cannot repair its unconstitutionality and illegality.”

In the lead judgment delivered by Justice Olabisi Ige, the Court of Appeal gave a declaration that by virtue of section 1 subsection 3 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) “any piece of legislation or instrument relied upon by the defendants (including but not limited to the Police Act and the Police Regulations) in exercising or purporting to exercise the powers to appoint, promote, dismiss or discipline persons holding or aspiring to hold offices in the Nigeria Police Force, being inconsistent with the provisions of the Constitution particularly section 153 subsection (1)(m), section 153 subsection (2) and section 215(1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Paragraph 30 part 1 of the Third Schedule to the Constitution, is invalid, null and void and of no effect whatsoever.”

It also gave an order of perpetual injunction restraining the police, and other defendants, jointly and severally, from interfering or further interfering in any manner, howsoever, with the commission’s discharge of its constitutional and statutory functions “in respect of the appointment, promotion, dismissal, or exercise of disciplinary control over persons holding or aspiring to hold offices in the Nigeria Police Force other than the IG.”

The PSC said it would soon make public its programme of action in respect of recruitments into the constable cadre of the Nigeria Police Force and admission into the Police Academy.

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