The suit seeking the removal of Inspector-General of Police (IGP) Mohammed Adamu from office has suffered a setback over the irregular service of originating processes on the Nigerian Police Council (NPC).
Recall that the legal process started when Adamu clocked the mandatory 35 years in service on February 1 and was expected to have been replaced by the president.
However, on February 4, President Muhammadu Buhari extended Adamu’s tenure by three months.
Maxwell Opara, a legal practitioner, subsequently took the IGP to court over the extension of his tenure.
The legal practitioner contended that by virtue of section 215 of the Nigerian constitution and section 7 of the Nigeria Police Act, 2020, Adamu cannot continue to function as the IGP, having retired as a serving member of the force.
However, in a counter-affidavit, the IGP submitted that the new Nigeria Police Act gave him a four-year tenure, which would only lapse in 2023.
The suit has President Muhammadu Buhari as the first defendant, IGP as the second defendant, the attorney-general of the federation (AGF) as the third defendant, and the NPC as the fourth defendant.
At a resumed sitting, Ugochukwu Ezekiel, the plaintiff’s counsel, informed the court that he had just been served with the counter-affidavits.
Also the first and third defendants raised objection to the jurisdiction of the court to hear the matter.
The trial judge, Justice Ahmed Mohammed, however, noticed that there was no legal representation for the Nigeria Police Council listed as the fourth defendant.
Justice Mohammed while adjourning the suit to March 30 for a definite hearing explains that service of originating process is fundamental to any proceeding.