Appeal Court Judgement On 10,000 Constables Recruitment Stands, There Is No Order To Stay The Execution Of The Ruling, Police Service Commission Tells IGP
The Police Service Commission has said that the judgment of the Court of Appeal in favour of the commission still subsists as there is no order to stay the execution of the ruling.
A ranking official explained that the motion for stay of execution purportedly filed by the IG has no impact on the order of the appellate court since the prayer has not been granted by the court.
Speaking on condition of anonymity on Saturday, the PSC source noted that the Inspector General of Police, Mohammed Adamu, could not expect the commission to respect his letter notifying the commission about his appeal, adding that he failed to obey a court order staying the execution of the Federal High Court judgment last December.
He stated, “When the Federal High Court ruled in his favour last year, the commission secured a stay of execution but the IG ignored it and went ahead with the recruitment of 10,000 constables.
“So, why is he notifying the PSC about his plan to stay the execution of the judgment? His letter has no weight because he has not obtained a court order to stay the execution of the appeal court order; the judgment still subsists.”
Adamu had on Friday approached the Supreme Court urging the apex court to upturn the Wednesday’s judgment of the Court of Appeal which nullified the recruitment of 10,000 constables carried out by him and the Nigeria Police Force last year.
The appellants filed their notice of appeal of three grounds together with an application for stay of execution of the Court of Appeal’s judgment.
The three-man panel of the Court of Appeal led by Justice Olabisi Ige had unanimously held that the IGP and the NPF lacked the power to recruit the constables.
It held that it was the Police Service Commission that had the exclusive power to carry out the recruitment exercise, and nullified the one executed by the police.
But the IGP and the NPF, through their lawyer, Dr Alex Izinyon (SAN), written a October 2, 2020 letter to the Chairman of PSC contending that no step could be taken to enforce the judgment after an appeal and the motion for injunction they had filed against the contested verdict of the Court of Appeal.
The letter which was copied the PSC’s lead counsel, Chief Kanu Agabi (SAN), read in part, “In view of the above, and the settled position of the law having regards to these two notices nothing should be done by whatsoever means enforcing the judgment in the circumstances, especially having regards to the National Security and implication under any guise of such enforcement.”
The judgment of the Court of Appeal delivered on September 30, 2020 had upturned the December 2, 2019 verdict of Justice Inyang Ekwo of the Federal High Court in Abuja which had validated the power of the IGP to proceed with the recruitment of 10,000 he embarked upon in 2019.
But faulting the Court of Appeal’s judgment in their notice of appeal, the IGP and the NPF contended that the court “erred in law when they held that the provision of section 71 of the Nigeria Police Regulations 1968 made pursuant to section 46 of the Police Act is inconsistent with the provision of paragraph 30 Part I of the Third Schedule to the 1999 Constitution”.
They argued that section 71 of the Nigeria Police Regulations 1968 specifically conferred on the IGP “the power and responsibility of enlisting recruit constables”, while the provision of “Paragraph 30 Part I of the Third Schedule to the 1999 Constitution and section 6 of the Police Service Commission (Establishment) Act, 2001, the 1st respondent is empowered to appoint persons to offices in the 1st appellant”.
The appellant’s lawyer added that the lower court “was on error in its findings that the provision of Section 71 of the Nigerian Police Regulations, 1968 made pursuant to Section 46 of the Police Act is inconsistent with the provision of paragraph 30 Part I of the Third Schedule to the 1999 Constitution”.