The federal high court’s Awka Division has overturned its prior decision over the purported illegality of Inspector General of Police Usman Alkali Baba’s extended tenure in office.
Justice Roman, the presiding judge, issued the order to vacate the judgement rendered on May 19, 2023.
The court’s decision came after the Inspector General of Police, represented by lawyers, filed an application to overturn the earlier decision on the grounds that he had not been properly served and, as a result, had not been afforded his constitutional right to be heard.
The applicant argued that the suit was caught up by the principle of Res judicata having been adjudicated upon based on the same issues and facts being canvassed by the plaintiff.
Okechukwu Nwafor had been decided in a suit filed by Michael Sam Idoko against the Nigeria police force and 4 others in which judgement was entered in favour of the IGP.
The plaintiff Okechukwu Nwafor has instituted the suit at the Federal high court seeking a declaration that Usman Alkali Baba should vacate office after attaining the age of retirement.