8TH APRIL, 2021

DAY 25 OF #RESISTOPPRESSION

PRESS STATEMENT FOR IMMEDIATE RELEASE

OSIBANJO'S DECORATION OF ACTING IGP UNCONSTITUTIONALLY APPOINTED IS ACTION IN SUPPORT OF IMPUNITY

I am seized of media reports wherein Professor Yemi Osibanjo SAN, the Vice-President of the Federal Republic of Nigeria decorated 

Usman Alkali Baba with the rank of the Inspector General of Police upon his purported appointment by Major General Muhammadu Buhari (Retired), who is purporting to be exercising Presidential powers from overseas, to wit, from his sickbed in a Private hospital in London, United Kingdom.

I have voraciously argued that  Major General Muhammadu Buhari’s failure to transmit power to the Vice- President, Professor Yemi Osinbajo SAN upon his foreign medical trip to London, United Kingdom is in flagrant violation of  Section 145(1)(2) of the 1999 Constitution of the Federal Republic of Nigeria, 2011 as amended.

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 For the sake of clarity, Section 145(1)(2) of the 1999 Constitution unambiguously provides and is hereunder reproduced inter alia that:

“(1) WHENEVER the President is proceeding on vacation or is otherwise unable to discharge the functions of his office, he SHALL transmit a written declaration to the President of the Senate and the Speaker of the House of Representatives to that effect, and until he transmits to them a written declaration to the contrary, the Vice-President shall perform the functions of the President as Acting President.

“(2) In the event that the President is unable or fails to transmit the written declaration mentioned in subsection (1) of this section within 21 days, the National Assembly shall, by a resolution made by a simple majority of the vote of each House of the National Assembly, mandate the Vice-President to perform the functions of the office of the President as Acting President until the President transmits a letter to the President of the Senate and Speaker of the House of Representatives that he is now available to resume his functions as President.” 

The questions  to ask are numerous but some are:

1. Why is Major General Muhammadu Buhari (Retired) adamant in purporting to exercise the powers of the President of the Federal Republic of Nigeria when on a private medical visit in violation of Section 154 (1) (2) of the Constitution of the Federal Republic of Nigeria?

2. Why is Major General Muhammadu Buhari (Retired) purporting to appoint an Acting Inspector General of Police without compliance with the constitutional procedure of appointing same?

3. Why is Professor Yemi Osibanjo SAN, a Distinguished Professor of Law and Senior Advocate of Nigeria decorating impunity by first of all refusing to assert the impropriety of the unconstitutional conduct of Major General Muhammadu Buhari (Retired) in purportedly exercising powers as President of the Federal Republic of Nigeria against the provisions of the Constitution and in decorating an Acting Inspector General of Police, appointed without compliance with the Constitution of the Federal Republic of Nigeria?

The answers seem to be , as a poet , said to be blowing in the wind.

 

Furthermore, to elucidate on the illegality and unconstitutionality of the 

 recent appointment of Usman Alkali Baba as the Acting Inspector of Police (IGP) , it is important to stress that , the President lacks the power to unilaterally appoint the (Acting) Inspector General of Police.

 By virtue of Section 215 and 217 of the 1999 Constitution of the Federal Republic of Nigeria, the appointment of an IGP shall be made by the President on the advice of Nigeria Police Council.

I wish to state that  aa  at the time the appointment was made, the Council is yet to meet, let alone carry out its mandate. The Council, composed of the President, all Governors, Police Service Commission Chair, and the IGP, does not have any say in the appointment; a violation of the Constitution.

 The failure to seek the advice of the Council renders the appointment unconstitutional, defective and null and void. Worryingly, Section 7(3) of the 'Police Act' signed by the President just last year provides for the same condition.

 Despite the above, President Buhari acted lawlessly. Apart from the failure to consult the Council, the appointment of Baba violates Section 7(6) of the Police Act, 2020 which provides for the term of office of an IGP. By law, an appointee must be able to spend four years in office whereas Usman Baba retires on March 1, 2023.

More also, an officer to be appointed to the office of the IGP must be one whose retirement will not fall before the end of the four-year tenure. It cannot be the contemplation of law for new appointee for the office of the Inspector General of Police  to be routinely appointed. I hold that such  will be inimical to national security, stability and peace

As I have earlier argued, assuming without conceding that all the requirements of law were met, the President still cannot validly make any appointment. I submit that  the failure to transmit power when embarking on vacation renders anything done by or on behalf of the President null and void.All acts done by the President at the time he unlawfully exercises power as President while on vacation amount to a nullity, sheer waste of time and zero at the centre of nothing; you cannot put something on nothing and expect that it stands. Please refer to  Section 145 (1)(2)of the Constitution, earlier reproduced.

 From the foregoing, in my respectful view ,   Usman Baba Alkali cannot be said to be Nigeria’s (Acting) IGP, in the eyes of the law except we all give up that the law now means nothing in our country.

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 I wish to state that the actions of the duo of Major General Muhammadu Buhari (Retired) and Professor Yemi Osibanjo SAN, having failed, refused and neglected to abide by the provisions of the Constitution of the Federal Republic of Nigeria (1999 as amended) as contained in their respective Oath of Offices when being sworn into the Offices of the President and Vice-President of the Federal Republic of Nigeria have implications of both civil liabilities and impeachable offences. 

I hereby give notice that the actions and inactions of the duo and the purported appointment of Usman Alkali Baba as the Acting Inspector General of Police will be challenged in a Court of competent jurisdiction.

AYO ADEMILUYI ESQ.,

Lagos

09097933015.