Court of Appeal ruled illegal 2020 Police Act abolishing recruitment

Posted by on Oct 15, 2020, Under: News

Court of Appeal ruled illegal 2020 Police Act abolishing recruitment

The Court of Appeal declared the 2020 Police Act unconstitutional and invalid.

The 2020 Police Act, passed this September, affects the constitutional mandate of the Police Service Commission.
The Court of Appeal ruled that the provisions of the law contradicted part 1 of paragraph 30 of the third list of the 1999 Constitution, “which empowers the commission to appoint persons to positions in the Nigerian police, with the exception of the Bureau of Inspector – General Police”.

The ordinance also canceled the recruitment of 10,000 police officers carried out by the police last year.
However, IG, Mohammed Adamu, has appealed the ruling overturning a previous ruling by the Abuja Federal High Court.
PSC spokesman Ikechukwu Ani explained in a statement on Wednesday that the details of the Court of Appeal ruling are contained in a certified copy received on Tuesday.

The statement is titled: “The Court of Appeal Declares the 2020 Police Act as it affects the mandate of the PSC, invalid.” ‘
The statement explains that the judge also stated that “no law or law of the National Assembly can take away or restrict this right.”
He also noted that even if the contested military conscription was carried out by the Nigerian police based on the directive or approval of President General Muhammadu Bukhari (retired), “the recruitment would remain unconstitutional and therefore unconstitutional and invalid. Such a directive cannot correct its unconstitutionality and illegality. “

Meanwhile, the Forum of Governors of the People’s Democratic Party has called for the repeal of sections of the police law recently passed by President Major General Muhammadu Bukhari (ret.), Citing constitutional violations.
This is stated in a statement released after a virtual meeting held by PDP managers.

The statement, presented to reporters in Abuja on Wednesday, was signed by the president of the forum, Aminu Tambuval, who is also the governor of Sokoto state.
The governors, among other things, pleaded with the president and the National Assembly to repeal section 4 (1) of the Nigeria Police Trust Fund (Institution) Act 2019, which “supposedly allows the president to hold 0.5%. of the total income received by the Federation in the Nigeria Police Trust Fund. ”
According to the governors, this retention is clearly unconstitutional.
The communiqué read, in part: “The meeting noted the signing of Nigeria’s new 2020 Police Law by the President, Commander-in-Chief.

While recognizing the many important innovations in the new law, the forum emphasized the need to ensure that the Nigeria Police Council, of which Mr. A president as president and 36 state governors as members, a fully functional and coordinating chamber on all matters bordering on the organization and management of the Nigerian police force as enshrined in the 1999 Constitution. ”

Source: – Punchng