Appeal Court nullifies recruitment of constables, declares Police Act illegal
The Court of Appeal has nullified the recruitment of 10 constables undertaken by Nigeria Police Force last year.
In the lead judgment delivered by Justice Olabisi Ige, the three-member panel of the appellate court also declared as unconstitutional, the Police Act 2020 as it affects the constitutional mandate of the Police Service Commission (PSC).
The Police Act was enacted in September.
The PSC spokesman, Ikechukwu Ani, who disclosed this in a statement on Wednesday, said the appeal court 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 for the office of the Inspector-General of Police.”
He added that the details of the judgment were contained in the Certified True Copy received on Tuesday.
Ani 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 judge further declared that no Act of the National Assembly or law can take away or curtail such power.”