Appeal Court sacks 10,000 Police constables, nullifies Police Act 2020
The Court of Appeal has declared the recruitment of 10,000 Police constables by the Inspector General of Police illegal last year as the court declared the Police Act 2020 unconstitutional.
In a statement on Wednesday by the Police Service Commission (PSC), the court of appeal said the Police Act violated the provision of the Nigerian constitution which empowered the PSC to appoints officers of the Police force.
The ruling stated 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.”
The PSC spokesman, Ikechukwu Ani said the ruling was delivered by three justices of the court while the commission obtained the details of the Appeal Court judgment were contained in the Certified True Copy received on Tuesday.
“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.”
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The statement explained that the judge further declared that “no Act of the National Assembly or law can take away or curtail such power.”
A Federal High Court, Abuja division had earlier rule in favour of the PSC and nullified the recruitment process of the constable by the IGP.
However, the Inspector-General of Police, Mohammed Adamu dissatisfied with the High Court ruling had appealed to the Court of Appeal.
It was not clear if the IGP will go further to appeal the ruling of the Court of Appeal at the Supreme Court which has the last saying on the case.