The Attorney-General of the Federation, Lateef Fagbemi, has clarified that Inspector General of Police Kayode Egbetokun’s continued stay in office is legal.
This comes amid controversy over Mr Egbetokun’s retirement age, with many arguing he should have left office in September 2024 after attaining 60 years.
A Background of the Controversy
Mr Egbetokun was appointed Inspector General of Police in October 2023 by President Bola Tinubu. Initially, his tenure was expected to end in September 2024, when he would reach the mandatory retirement age of 60, as stated in the Public Service Rule. However, an amendment to the Police Act passed in July 2023, allowed the occupant of the IGP office to remain and complete their original four-year term, notwithstanding the age of 60.
The amendment, proposed as an executive bill, was passed with swift approval by the National Assembly. Many criticized the speedy passage, questioning the motive behind it.
A group – the Human Rights Monitoring Agenda (HURMA) alleged then that the amendment was to “accommodate ‘sit tightism’ of Mr. Kayode Egbetokun in office.“
The National Institute for Legislative and Democratic Studies also argued that the amendment defeated the objectives of the current 35-year service limit or 60-year retirement age.
Reactions and Next Steps
The Nigerian police defended Mr Egbetokun’s stay in office, stating his appointment was legal and confirmed by the Police Council. Force spokesperson Muyiwa Adejobi urged the public to disregard claims that Mr Egbetokun’s tenure is illegal, citing Part III, Section 7(6) of the Police Act, 2020 (as amended), which states that “any person appointed to the office of the Inspector-General of Police shall hold office for four years.“
Mr Adejobi also argued that the IGP’s appointment was duly ratified by the Police Council, “and he has received the requisite confirmation letter from the Presidency, validating his tenure from 31 October 2023 to 31 October 2027, in line with the provisions of Section 8A of the executive bill passed, which amended the Police Act.“
Earlier in the week, political activist Omoyele Sowore was charged with cybercrimes for referring to Mr Egbetokun as an “illegal IGP.“
An Abuja-based lawyer, Maxwell Okpara, also sued the federal government, contending that Mr. Egbetokun’s continued stay in office is illegal.
In attempting to officially resolve the matter, the Attorney-General of the Federation clarified that the amended Police Act has “therefore, statutorily extended the tenure of office of Egbetokun to and including 31st day of October 2027 to complete the four-year tenure granted to him (Egbetokun).“
It remains to be seen if the AGF’s pronouncement will end the matter or if the activists will continue to challenge the IGP’s stay in office in court.
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