Lawyer threatens to sue PSC for ‘functioning without board members’

Silas Onu, a lawyer, has threatened to sue the Police Service Commission (PSC) for “performing its functions without board members”.

The lawyer said the tenure of the last board members of PSC elapsed in July 2023.

The last time the PSC board was constituted was in July 2018 during the administration of former President Muhammadu Buhari.

The tenure of PSC board members elapses after five years.

However, the position of the PSC chairperson, who is the chief executive officer of the commission, remains occupied.

In May 2023, Buhari swore in Solomon Arase, the current chairperson of the Police Service Commission (PSC).

Arase succeeded Musiliu Smith, who was appointed as the PSC chairman alongside other board members in 2018.

The PSC currently has no board members. However, Arase, who is the chairman of the commission, is also a member of the board.

THE LETTER

In a letter addressed to the PSC, Onu argued that the commission was not established to carry out its functions with a sole administrator, adding that the current set-up of PSC is contrary to section (2) 1 of the PSC (Establishment) Act 2001.

The lawyer averred that the commission does not have the management empowered to take decisions.

The letter reads: “The continuing actions of an individual purporting to have promoted, retired or recruited police officers since 25 July, 2023, when the tenure of the last appointed board elapsed, is contrary to the provision of Section 2 (1) of the said Police Service Commission (Establishment) Act, 2001 that vest the management of the commission on the following 9 members, collectively:

“(a) a Chairman who shall be the Chief Executive of the Commission.

(b) a retired Justice of the Supreme Court or Court of Appeal (c) a retired Police Officer not below the rank of Commissioner of Police, (d) one representative each of – (1) women interest; (i) the Nigerian Press (ii) Non-Governmental human rights organizations in Nigeria (iv) organized Private Sector; (v) the Secretary to the Commission.

“Section 2 (1) of the Police Service Commission (Establishment) Act, 2001 did not contemplate a sole administrator for the commission.

“However, since 25 July, 2023 only one member of the Board (The Chairman) has remained, also contrary to the provision of the Police Service Commission Act which considered his appointment determined on the 25th July, 2023 for being an appointment made pursuant to Section 4 (3) of the Police Service Commission (Establishment) Act, 2001.

“The commission clearly does not have any management empowered to take decision for the commission since 25 July, 2023.

“Therefore, we will be challenging the continued stay of a sole-administrator and all the unlawful decisions taken by him since the date the Commission ceased to have a management at the Federal High Court upon the effluxion of 30 days from today.”