By: Oluwaseye Ogunsanya
The tenure of Inspector General of Police (IGP) Kayode Egbetokun has sparked outrage and debate in Nigeria, particularly regarding the legality of his continued stay in office after reaching the mandatory retirement age of 60. This debate intensified following recent legal charges against Sahara Reporters publisher and 2023 African Action Congress (AAC) presidential candidate, Omoyele Sowore for referring to Egbetokun as an “illegal IGP.”
WHAT IS THE BACKGROUND OF EGBETOKUN’S TENURE?
Kayode Egbetokun was appointed IGP on October 31, 2023. According to the Police Act, police officers must retire upon reaching the age of 60 or after 35 years of service. Egbetokun turned 60 on September 4, 2024, which would typically lead to his retirement. However, a controversial amendment to the Police Act, passed by the National Assembly and signed by President Bola Tinubu, allows the IGP to complete a full four-year term regardless of age.
WHAT ARE THE CHARGES AGAINST SOWORE?
Sowore has been charged with 17 counts of cybercrime, emanating from his social media posts that criticized Egbetokun’s legitimacy as IGP. The police allege that Sowore’s statements could incite public disorder, violating the Cybercrime (Prohibition, Prevention, ETC) Act.
Sowore has described the charges as ridiculous and has highlighted discrepancies in the police’s legal filings, including misspellings of his name. The Federal High Court in Abuja subsequently granted the activist bail in the sum of N10 million.
WHAT DID THE ATTORNEY GENERAL SAY?
Attorney-General of the Federation (AGF) Lateef Fagbemi clarified that Egbetokun’s continued stay in office is legally supported by this amendment. Fagbemi stated that the amendment to the Police Act was enacted before Egbetokun’s retirement age, effectively allowing him to remain in office until October 31, 2027. Fagbemi argued that while the law mandates retirement at 60, the amendments made provisions for the current IGP to complete his original four-year term.
“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,” Mr Fagbemi wrote in a statement last Thursday.
He added, “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.”
WHAT ARE THE LEGAL IMPLICATIONS?
The amendment to the Police Act has faced criticism, particularly from legal experts and civil society organizations. Some argue that it undermines the constitutional provisions that dictate mandatory retirement ages for public servants. The Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) through its secretary, Tonye Jaja faulted Fagbemi’s position and contended that only an amendment of the 1999 constitution could legalise the tenure extension. According to a FIJ report, Jaja premised his stance on sections 214, 215 and 216 of the 1999 Nigerian Constitution (as amended).
“Respected Honourable AGF knows fully well that by an application of the BLUE PENCIL RULE and Section 1 (3) of the 1999 Nigerian Constitution (as amended), the said Section 7(6) of the Police (amendment) Act, 2024, which purports to extend the tenure of the IGP is unconstitutional to the extent of its inconsistency with the provisions of sections 214, 215 and 216 of the 1999 Nigerian Constitution (as amended),” he said.
“This view is supported by the judgment of the Supreme Court of Nigeria in the case of Attorney General of Bendel State vs. Attorney General of the Federation (1982) NCLR 1.”
HOW HAS THE PUBLIC RESPONDED?
The public reaction has been mixed, with many expressing outrage over what they perceive as a “sit-tight” mentality among Nigerian leadership. The legal action against activist Omoyele Sowore has intensified discussions about the legitimacy of the IGP’s position with critics arguing that such actions may further erode public confidence in law enforcement and governance. The police have however defended Egbetokun’s appointment as legally sound and necessary for maintaining stability within the force.
WHAT IS THE CONCLUSION?
The situation surrounding IGP Kayode Egbetokun’s tenure remains fluid and contentious. While the AGF and police officials assert that Egbetokun’s position is legally justified, the backlash from activists and legal experts suggests a significant divide in public perception. As the legal proceedings against Sowore unfold, the implications for police integrity, governance, and public trust in Nigeria will be closely monitored. This controversy serves as a litmus test for the rule of law and accountability within the Nigerian policing system.
