Much Ado About IG Egbetokun’s Tenure

The legality or otherwise of the tenure of the 22nd Inspector General of Nigeria Police, Kayode Egbetokun, has dominated public discourse since September, 2024, when he attained the mandatory retirement age of 60 as provided for in public service rules. Linus Aleke writes.

Kayode Egbetokun, who took the mantle of leadership of one of the nation’s lead law enforcement agencies- the Nigeria Police Force (NPF), as Inspector General in June, 2023, replaced the 21st IGP, Usman Alkali, after his appointment by President Bola Tinubu.

Interestingly, this is not the first time the nation’s top cop is facing this kind of criticism and growing concern from citizens and civil society organisations over retirement age and tenure elongation.

The difference that most critics have failed to come to terms with is the fact that the circumstances surrounding the tenure elongation of the past IGPs is different from what is obtainable today.

The subsisting tenure of IGP Egbetokun does not in any way offend the nation’s law. His appointment for a term of four years was in accordance with the nation’s legal instrument. This is however, in contrast to the political intrigues of the past where those whose tenure was extended were caught in the web of illegality.

Nevertheless, while Egbetokun ‘s predecessors may have been caught in the web of legal infractions that led to their unceremonious exit, the current case is totally different as President Tinubu’s action is in compliance with the Amended Police Act 2024, which provides four year term of office for Inspector General of Police.

Puting to rest the controversial debate over the legality or otherwise of Egbetokun ‘s continuity in office after attaining the retirement age of 60 years in September last year, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), dismissed the notion that IGP’s four years tenure is an act of illegality, asserting that the continuous stay in office of the IGP,  Egbetokun, is legal and lawful.

A statement personally signed by him, averred that: “The appointment of Egbetokun which took effect from 31st day of October, 2023 would have come to an end on his attainment of 60 years of age on 4th day of September, 2024.

“However, before his retirement age, the Police Act was amended to allow the occupant of the office to remain and complete the original four year term granted under Section 7 (6) of the Act, notwithstanding the fact that he has attained the age of 60 years”.

He further explained: “This has therefore, statutorily extended the tenure of office of Egbetokun to and including 31st day of October, 2027 in order to complete the four- year tenure granted to him.

“For the avoidance of doubt, Egbetokun’s continuous stay in office is in line with the provisions of the Police Act amended in 2024 which allows the occupant of the office to enjoy a term of four years effective from the date of his appointment as IGP, in this case, 31st day of October 2023”.

The advisory, the minister said, was necessary for the guidance of the general public.

Supporting the submission of the chief law officer of the federation, a Senior Advocate of Nigeria (SAN), KunleAdegoke, said while the move might not explicitly violate any constitutional provisions, its legality remained subject of judicial interpretation.

Adegoke explained that the general rule of appointment and reappointment allowed the appointing authority to extend an official’s tenure unless a statute explicitly forbids it.

He said :“Where a specific tenure is provided by law, it may not be within the power of the appointing authority to extend it, except where a second term is allowed.

“However, in cases where the law does not expressly prohibit reappointment or tenure elongation, the general rule is that what is not forbidden is permitted.”

Adegoke also pointed out, that there are differences between civil service regulations and the laws governing the police and military.

“Members of the armed forces, police, and paramilitary organisations have special rules guiding their appointments and tenures. They are not necessarily bound by the general civil service regulations. So, that is what distinguishes the civilian from the military or paramilitary institutions existing in the country,” he pointed out.

Some other legal experts however, argued that the civil service regulations are inferior to an Act of Parliament, hence the continuing in office of the IGP after attaining the retirement age remains legal and binding.

But raising a fresh concern about the ongoing debate, the Executive Director,

Rule of Law and Accountability Advocacy Centre (RULAAC), OkechukwuNwanguma, questioned the legislative process that amended the Police Act.

Nwanguma posited that in the ongoing controversy surrounding Egbetokun’s tenure extension, the key issues are not merely legal compliance but the legitimacy of both the legislative process that amended the Police Act and the extension itself.

He said: “While the Attorney General’s perspective suggests that Egbetokun may legally remain in office despite surpassing the 60-year age limit, the broader implications of legitimacy are significant.

“The public outcry concerning the process and the extension should be a primary concern for Egbetokun, especially given the discontent within the Nigeria Police Force (NPF)”.

He posited that many senior officers feel that their career trajectories have been compromised by this extension.

His words: “The amendment bill that facilitated this tenure extension originated from President Tinubu, for whom Egbetokun served as chief security officer during his time as Governor of Lagos State”.

Egbetokun’s public expressions of loyalty to Tinubu, he said, raise questions about the neutrality of the amendment process, especially when the Nigerian Senate, led by GodswillAkpabio, exhibited a willingness to swiftly carry out the President’s directives.

He stressed that the unprecedented speed at which the bill passed through all legislative readings—complete with no public hearing—further erodes its legitimacy.

Nwanguma therefore queried: “How can such a critical amendment to the Police Act be enacted without public consultation?”

He further averred that the outcry regarding the amendment process and Egbetokun’s tenure extension was a vital concern for both him and the government, especially if they profess to value due process, transparency, and public trust.

Nwanguma also said even if the amendment withstands legal scrutiny, questions about its retroactive application remain.

Again, he asked:  “Should Egbetokun benefit from an amendment made while he was already in office?”

He stressed that this challenges the principle of non-retroactivity in law and raises further legal and ethical considerations.

The RULAAC Executive Director noted that while legalities may outline the framework of governance, it is the legitimacy of actions taken that will ultimately determine public faith in institutions like the NPF.

Egbetokun’s focus, he said, should shift from merely defending his legal standing to addressing the very real concerns surrounding the legitimacy of his position and the processes that brought him here.

Amid this fierce legal debate over IGP’s tenure elongation, the Police Service Commission (PSC), last week approved the immediate retirement of senior police officers who have spent more than 35 years in service and those above 60 years of age.

A statement by Head, Press and Public Relations, Ikechukwu Ani, said, “The Police Service Commission rose from its first extraordinary meeting with the approval for the immediate retirement of senior Police Officers who have spent more than 35 years in service and those above 60 years of age.

“The Commission at its 24th Plenary Meeting  of 27th and 28th September 2017 had approved that the force entrants should have their date of appointment in the Force against the date of their enlistment.

“The Commission has passionately revisited their decision and has come to the conclusion  that the said decision

in its intent and purpose contradicted the principle of merger of service in the public service and it is in violation of

Public Service Rule No 020908 ( i& ii) which provides for retirement  on attainment of 35 years in service or 60 years of age. 

“Accordingly, the Commission at its 1st extra ordinary meeting of the 6th Management Board held today, Friday, 31st January 2025, approved the immediate retirement of those officers who have spent more than 35 years in service and those above 60 years of age”.

Ani said the Commission’s decision has been conveyed to the Inspector General of Police for implementation.

It is, however, interesting at this point to point out the fact that the limit of the powers of the Police Service Commission (PSC), does not extend to the office of the Inspector General of Police, hence it’s directive has effect on all senior police officers except the IGP.

Meanwhile, a human rights lawyer, Maxwell Okpara has dragged the federal government to court over the subject matter.

In his suit marked FHC/ABJ/CS/342/2024 filed in September 2024, Okpara contended that Egbetokun, who was born on 4 September 1964, clocked the mandatory retirement age of 60 in 2024, according to the Public Service Rule, and was expected to have left office. The matter is still pending in court. While the nation eagerly awaits a judicial pronouncement, it is safe to conclude that all the opinions in public space on the subject matter is at best personal, as the binding decision must emanate from court pronouncement.

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