Headlines
Police Act 2020, Constable Recruitment Illegal, Appeal Court Declares
The Court of Appeal has declared the Police Act 2020 unconstitutional and void.
The Police Act 2020, which was enacted in September this year, affects the constitutional mandate of the Police Service Commission
The Appeal Court ruled that the provisions of the Act was in conflict with Paragraph 30 Part 1 of the Third Schedule of the 1999 Constitution “which empowers the commission to appoint persons into offices in the Nigeria Police Force except the Office of the Inspector-General of Police.”
The judgment also nullified the recruitment of 10,000 constables carried out by the police authorities last year.
However, the IG, Mohammed Adamu, has appealed the ruling which nullified the earlier order of the Federal High Court, Abuja.
The PSC spokesman, Ikechukwu Ani, in a statement on Wednesday, explained that the details of the Appeal Court judgment was contained in the Certified True Copy received on Tuesday.
The statement was titled, ‘Appeal Court declares Police Act 2020 as it affects PSC mandate null and void.’
The statement explained that the judge further declared that “no Act of the National Assembly or law can take away or curtail such power.”
He further noted that, even if the Nigeria Police carried out the disputed enlistment pursuant to a directive or approval of the President, Major General Muhammadu Buhari (retd.), “the enlistment would remain contrary to the constitution and therefore, unconstitutional and void. Such a directive cannot repair its unconstitutionality and illegality.”
Meanwhile, the Peoples Democratic Party Governors’ Forum has called for a repeal of sections of the Police Act recently given assent by the President, Major General Muhammadu Buhari (retd.), citing constitutional breaches.
This was contained in a communiqué issued after a virtual meeting held by the PDP governors.
The communiqué, which was made available to reporters in Abuja on Wednesday, was signed by the Chairman of the forum, Aminu Tambuwal, who is also the Governor of Sokoto State.
The governors, among other things, implored the President and the National Assembly to repeal Section 4(1) of the Nigeria Police Trust Fund (Establishment) Act, 2019 which “purportedly authorises the President to deduct 0.5% of the total revenue accruing to the Federation Account for the benefit of the Nigeria Police Trust Fund.”
According to the governors, the said deduction is patently unconstitutional.
The communiqué read in part, “The meeting noted the signing of the New Nigeria Police Act, 2020 by Mr President, Commander in Chief.
“While acknowledging the many important innovations in the new law, the forum emphasised the need to make the Nigeria Police Council, which has Mr. President as Chairman and 36 state governors as members, fully operational and the clearing house on all issues bordering on the organisation and administration of the Nigeria Police Force as enshrined in the 1999 Constitution.”
The Punch
Former US Vice President Kamala Harris said in a British television interview previewed Saturday that she may “possibly” run again to be president.
Harris, who replaced Joe Biden as the 2024 Democratic presidential candidate but lost to Donald Trump, told the BBC that she had not yet decided whether to make another White House bid.
But the 61-year-old insisted she was “not done” in American politics and that her young grandnieces would see a female president in the Oval Office “in their lifetime, for sure”.
“I have lived my entire career a life of service, and it’s in my bones, and there are many ways to serve,” Harris told the British broadcaster in an interview set to air in full on Sunday.
“I’ve not decided yet what I will do in the future, beyond what I am doing right now.”
The comments are the strongest hint yet that Harris could attempt to be the Democratic Party nominee for the 2028 election.
The interview follows the release of her memoir last month in which she argued it had been “recklessness” to let Biden run for a second term as president.
She also accused his White House team of failing to support her while she was his deputy, and at times of actively hindering her.
President Bola Ahmed Tinubu has made changes in the hierarchy of the Service Chiefs in furtherance of the efforts of the federal government of Nigeria to strengthen the national security architecture.
The President appointed General Olufemi Oluyede to replace General Christopher Musa as the new Chief of Defence Staff.
The new Chief of Army Staff is Major-General W. Shaibu. Air Vice Marshall S.K Aneke is Chief of Air Staff while Rear Admiral I. Abbas is the new Chief of Naval Staff. Chief of Defence Intelligence Major-General E.A.P Undiendeye retains his position.
The President expressed appreciation to the outgoing Chief of Defence Staff, General Christopher Musa and the other Service Chiefs for their patriotic service, and dedicated leadership.
The President charges the newly appointed Service Chiefs to justify the confidence reposed in them to further enhance the professionalism, vigilance and comradeship that define the Armed Forces of Nigeria.
All appointments take immediate effect, Special Adviser to the President
Media and Public Communication, Mr Sunday Dare, said in a statement in Abuja.
The Federal High Court in Abuja has adjourned the trial of the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, till Monday, October 27, to enable him to open his defence in the terrorism charges filed against him.
Justice James Omotosho fixed the new date on Friday, after Kanu informed the court that his former legal team, led by former Attorney General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN), had yet to release his case file to him.
At the resumed hearing, Adegboyega Awomolo (SAN) appeared for the Federal Government and reminded the court that the matter was fixed for Kanu to begin his defence as earlier directed.
However, no counsel represented Kanu.
He pleaded for an adjournment to allow him to retrieve and study the file to prepare adequately for his defence.
He said, “My lord, my counsel left the case yesterday, and I have not received the file from them.”
He also informed the court of his intention to call 23 witnesses, both local and foreign, and requested an order directing the Department of State Services to allow his foreign witnesses access to him.
Additionally, he sought permission for his lawyers to visit him on non-working days — a request Omotosho granted.
Counsel to the Federal Government, Awomolo, however, described Kanu’s complaint as “strange”, noting that the defendant had spent hours in court with his former lawyers. He further urged the court to strictly enforce its earlier directive giving Kanu six days to open and close his defence.
The prosecution said, “I’m aware that there is a standing order for the defendant to defend himself within six days. The defendant wasted yesterday. This is the second day, my lord. I urge your lordship to keep to the standing order of the number of days given to the defendant,” Awomolo said.
In his ruling, Omotosho said while Kanu’s claim about the withheld case file was “strange and difficult to believe”, he would still grant a short adjournment in the interest of justice.
The judge cautioned against unnecessary delays, stressing that several other cases had been affected by the protracted proceedings.
The matter was subsequently adjourned to Monday, October 27, for Kanu to open his defence.
