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Declares controversial mandate null and void
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Grants perpetual injunction restraining Police from interfering with PSC’s powers
BY VICTOR OSOWOCHI, ABUJA – The Court of Appeal has declared the newly enacted the Police Act 2020, as it affects the constitutional mandate of the Police Service Commission (PSC) as unconstitutional and void.
According to the appellate Court, the provision of the Act, enacted in September this year, is obviously 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.
Details of the Appeal Court’s ruling on the appeal instituted by the Commission against the judgment delivered by the Federal High Court in Abuja, are contained in the Certified True Copy (CTC) received by the Commission on Tuesday, October 13th, 2020.
In the lead judgment delivered by Justice Olabisi Ige, the Appeal Court declared 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 Inspector General of Police”
In his concurrent judgment, one of the Court’s three Justices, Justice Emmanuel Akomaye Agim 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”
He further declared that no Act of the National Assembly or Law can take away or curtail such powers.
Justice Agim also noted that even if the Nigeria Police carried out the disputed enlistment pursuant to a directive or approval of the President of the Federation, “the enlistment would remain contrary to the Constitution and therefore unconstitutional and void. Such a directive cannot repair its unconstitutionality and illegality”,
Meanwhile, a statement by the Head, Press and Public Relations, Police Service Commission (PSC), Ikechukwu Ani said the body 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.
