The extension of Kayode Egbetokun’s tenure as the Inspector-General of Police (IGP) has sparked significant legal controversy in Nigeria. Egbetokun, who turned 60 in September 2024—the mandatory retirement age for police officers—continues to serve in his role under a new amendment to the Police Act. The amendment allows an IGP to remain in office for a full four-year term regardless of age. However, this decision has led to widespread criticism, with some questioning its constitutionality.
Legal Backlash Against the Tenure Extension
The decision to extend Egbetokun’s tenure has drawn sharp criticism from legal experts. Attorney General Lateef Fagbemi defends the extension, but critics argue it contradicts Nigeria’s Constitution. The 2020 Police Act mandates retirement at 60 or after 35 years of service. The amended law, passed in July 2024, exempts the IGP, allowing him to complete his appointed term.
Contradiction with the Constitution
Legal advocates, such as Tonye Jaja, Secretary of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), argue that this extension requires a constitutional amendment. According to Jaja, the tenure of the IGP is governed by Sections 214, 215, and 216 of the Nigerian Constitution, and any change to this would require formal constitutional alteration. He claims that the current amendment, which only changes the Police Act, is insufficient to justify the tenure extension legally.
Concerns Over the Rapid Amendment Process
Further complicating the matter is the speed at which the amendment was passed. The National Assembly approved the amendment on July 23, 2024, in a single day, raising concerns about its thoroughness. Activists and members of the public have criticized the rushed process and lack of proper scrutiny. Some have even warned that such swift legislative changes could undermine the integrity of the democratic process.
Impact on Police Hierarchy and Future Appointments
The tenure extension of IGP Egbetokun also affects the promotion and succession plans within the Nigerian police force. Traditionally, when an IGP retires, the Deputy Inspector-General (DIG) is elevated to the position. Many speculated that DIG Frank Mba would be the next IGP, but with Egbetokun’s extended tenure, the succession plans have been delayed. The Police Service Commission (PSC) is now tasked with reviewing the remaining DIGs for the IGP position, with approval required from both the President and the National Assembly.
Public Response and Legal Action
Public response to the extension has been polarized. While some support the move for its potential to provide stability, others view it as a dangerous precedent for tenure extensions in civil service positions. Activists, including former presidential candidate Omoyele Sowore, have vocally opposed the extension, calling Egbetokun an “illegal IGP.” In response to the ongoing legal challenge, ALDRAP has threatened to file a lawsuit if the Attorney General does not reconsider the position.
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