PSC vs FHQ: What Court ruled on recruitment of Policemen

The Federal High Court Abuja Monday dismissed the suit brought by the Police Service Commission (PSC) challenging Inspector General of Police Mohammed Adamu’s power to recruit police officers.

The commission and the police management have been at loggerheads over the recruitment of 10,000 constables as directed by President Muhammadu Buhari.

Justice Inyang Ekwo, who delivered the judgement, said the commission’s suit lacked merit.

In the motion on notice filed September 24, the commission prayed the court for an order of interlocutory injunction restraining the defendants from “appointing, recruiting or attempting to appoint or recruit by any means whatsoever any person into any office by the NPF pending the hearing and determination of the substantive suit.”

While the PSC was the plaintiff, the IGP the NPF and the AGF were defendants in the case.

PSC’s grouse

The commission had accused the IGP of usurping its constitutional mandate for appointment in a press statement by the Head, Press and Public Relations, Mr. Ikechukwu Ani.

According to the statement, the Nigeria Police was inviting candidates for medicals without the involvement of the commission which has the constitutional mandate for appointment.

It read in part: “The attention of the Police Service Commission has been drawn to a list circulating in the social media and originating from the Nigeria Police Force website containing some names of candidates who applied for recruitment into the NPF for position of constables.

 “The candidates, according to the information were invited for medical screening scheduled for 9th to 14th of September, 2019. It has been observed that as at the afternoon of today, Wednesday, September 4th, 2019, the list has been withdrawn from their Website.

“The commission will like to report that the list was compiled solely by the Nigeria Police Force without the involvement of the PSC, the body that has the constitutional mandate for appointment.”

Ani further stated that: “The leadership of the commission since coming into office has been doing everything possible to restore sanity, not only in the recruitment exercise but also in all other facets of the mandate of the commission.

“The commission wishes to state that it will never compromise or abdicate its constitutional mandate and will continue to insist that the recruitment exercise is merit-driven, transparent and in conformity with the Public Service Rules and Federal Character principle. It will resist any attempt to sabotage its efforts in this direction.”

Reactions

Reacting to the judgement, a notary public and assistant counsel, International Criminal Court (ICC), Oluwaleke Atolagbe, told Blueprint in an exclusive chat that the ruling validated the recruitment exercise as legitimate, legal and acceptable.

He held that the court saw no reason why the recruitment exercise must be stopped; saying the law justified that it was in order.

“That the plaintiff could not establish before the court that the Inspector General of Police did any wrong carrying out the exercise made court pronouncement a legitimate one,” he further stated.

Also speaking, Secretary, Nigerian Bar Association (NBA), Gwagwalada branch, Abdullahi Awwal Muhammad said the PSC has the right of appeal.

According to Muhammad, the court had exhausted comprehensively the difference between the constitutional power by the PSC to promote and discipline and whether or not it also has power to recruit.

He added: “The position of the court is that despite the PSC’s claims that under the first schedule of the constitution, they are empowered to promote, demote and what have you, the IGP is now saying that there is difference between promotion and recruitment which the PSC failed to challenge.”

“The PSC were unable to present anything to prove otherwise” he further said.

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