The Attorney General of the Federation, Prince Lateef Fagbemi has justified the tenure extension of the current Inspector General of Police, Kayode Egbetokun.
In a statement signed by the AGF, The amended Police Act allows Mr Egbetokun to serve until October 31, 2027.
He noted that this decision aligns with the provisions of the amended Police Act, which validates Egbetokun’s tenure.
This clarification was contained in a press statement issued to journalists on Thursday night by the AGF’s spokesperson Kamarudeen Ogundele to address public concerns and misconceptions about Egbetokun’s status as he approaches the mandatory retirement age.
Overview of the Amendment
In July 2024, lawmakers in Nigeria amended the Police Act of 2020 to address the tenure of the Inspector General of Police (IGP).
The Bill for an Act to amend the Police Act 2020 focused on ensuring the stability of the Inspector General of Police’s tenure, increasing police accountability measures, updating policing methods to be more modern, and fostering improved relationships between the police and the community.
President Bola Tinubu in a letter to the senate sought the amendment to enable the IGP to complete the four-year term stated in his appointment letter regardless of age or years of service.
The bill passed its first, second, and third readings on the same day, enabling IGP Kayode Egbetokun to remain in office until 2027.
Despite opposition from some senators, the Senate voted overwhelmingly to support the bill.
The amendment specifically modified Section 18 of the Police Act. Lawmakers introduced a new sub-section (8A) that states:
“Notwithstanding the provisions of sub-section (8) of this section, any person appointed to the office of Inspector-General of Police shall remain in office until the end of the term stipulated in the letter of appointment in line with the provisions of Section 7(6) of this Act.”
Amended Section 7 (6) of the Act states that:
“The person appointed to the office of the Inspector General of Police shall serve a four-year tenure from the date of his appointment, notwithstanding that he has attained the retirement age of 60 years.”
This change stipulates that anyone appointed as IGP will remain in position for a full four-year term, even if they reach retirement age during that period.
What you should know about the Amendment
- The Amendment allows the IGP to complete a full four-year term regardless of reaching the retirement age of 60, effectively extending the tenure to October 31, 2027.
- Previous Acts stipulate that the IGP was required to retire upon reaching 60 years of age, which limited tenure continuity.
- The amendment also Proposed extending the retirement age for police officers from 60 to 65 years.
- However, the 2020 Police Act set the retirement age at 60 without provisions for extension.
Read also: Court orders arrest of IGP over disobedience of court order
Reactions by the Public
The tenure of Inspector General of Police Kayode Egbetokun has sparked significant controversy since he officially reached the retirement age of 60 on September 4, 2024.
Critics argue that his continued stay in office, despite this milestone, raises legal and ethical concerns.
According to the Report, the Nigeria Police clarified that President Bola Tinubu did not approve an extension of Egbetokun’s tenure but rather confirmed the application of existing laws governing the position, which allows for a four-year term from the date of appointment.
Egbetokun was appointed IGP in July 2023, and his tenure was expected to end upon reaching retirement age.
However, the police stated that the provisions of Section 215(a) and Section 28(c) of the Constitution support his ongoing role. These sections outline that an IGP can serve a full term regardless of age, thus extending Egbetokun’s tenure until October 31, 2027.
Civil society organizations have voiced their concerns about the implications of this extension, suggesting it could create internal tension within the Nigeria Police Force (NPF) and undermine career advancement for other officers. They warn that such dissatisfaction may lead to decreased morale and effectiveness within the force.
The Rule of Law and Accountability Advocacy Centre (RULAAC) and the Human Rights Monitoring Agenda (HURMA) have both expressed strong criticism of the recent amendments to the Police Act, particularly the extension of Inspector General of Police (IGP) Kayode Egbetokun’s tenure. RULAAC describes this extension as an act of bad faith, arguing it serves political interests rather than the public good. They noted that the amendment contradicts civil service rules regarding retirement age.
HURMA called out the National Assembly for passing the amendment without public hearings, asserting that this bypasses democratic processes and erodes public trust. They emphasize that such actions raise doubts about lawmakers’ commitment to transparency and accountability.
Furthermore, a legal challenge emerged against Egbetokun’s tenure extension. Lawyer Maxwell Okpara has filed a suit questioning the legality of his continued service beyond the retirement age, citing public service rules that mandate retirement upon reaching 60 years.
Legal Violation
Public Service Rules Violation: According to existing public service rules, officers must retire upon reaching either 60 years of age or after completing 35 years of service. Egbetokun’s extension has been criticized as a violation of these rules, as he will reach the mandatory retirement age before the end of his extended tenure.
Section 18 of Nigeria Police Act: Section 18 (8) of the Nigeria Police Act 2020 still states that “every police officer, upon recruitment or appointment, is required to serve in the Nigeria Police Force for a maximum of 35 years or until they reach the age of 60, whichever occurs first.”
Also recall that in early February 2021, President Muhammadu Buhari extended the tenure of Inspector General of Police (IGP) Mohammed Adamu by three months, just days after he reached the mandatory retirement age of 35 years in service.
This decision followed Adamu’s request for a one-year extension, during which he reportedly spent over N2 billion on various efforts to garner support from traditional rulers and influencers.
Despite these efforts, he received only a three-month extension and was ultimately removed from office before this period ended, amid allegations of favouritism and dissatisfaction among police officers regarding promotions made during his tenure.
Legal Expert Opinion
A legal firm Tolu Babaleye & Co. expressed concerns about the status of Inspector General of Police (IGP) Kayode Egbetokun in a formal letter to President Bola Tinubu.
The letter noted that Egbetokun reached both the mandatory age of 60 and the 35 years of service required for retirement on August 4, 2024.
The firm argued that Egbetokun, now a civilian, continues to present himself as the head of the Nigeria Police Force, raising questions about his legal standing.
Tolu Babaleye & Co. pointed out contradictions within the Police Act 2020, specifically between Sections 7(6) and 18(8), which govern the appointment and tenure of the IGP.
They asserted that even if the amended Police Act were signed into law, it could not retroactively extend Egbetokun’s tenure since he was already in office at the time of its passage.
The firm urged the President to address this constitutional conundrum to prevent further complications in police leadership and ensure that capable officers can progress in their careers without being hindered by Egbetokun’s continued tenure.