The Court of Appeal has declared the Police Act 2020, enacted in September 2020 as it affects the mandate of the Police Service Commission (PSC) is unconstitutional and void.
In its ruling, the court said the provision of the Act is in conflict with 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.
While delivering the judgment, Justice Emmanuel Akomaye Agim, in his concurrent judgment said the 1999 Constitution gave 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 power.
The court 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.”