The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has stepped into the lingering controversy over the tenure of Inspector General of Police (IGP) Kayode Egbetokun,
Mr Fagbemi clarified in a statement on Thursday that Mr Egbetokun’s continued stay in office is legal contrary to assertions that he should no longer remain in office having attained the retirement age of 60.
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The clarification came amid prosecution of rights activist Omoyele Sowore by the police for referring to Mr Egbetokun as an “illegal IGP”.
The attorney-general, who was apparently responding to Mr Sowore’s claim, which was fast gaining traction since his prosecution began, admitted that Mr Egbetokun ought to have left office in September 2024 when he attained 60 years but for an amendment to the Police Act.
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Mr Fagbemi said the amendment secured a four-year tenure for the occupant of the IGP office.
“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 on 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.”
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The referenced section 7(6) of the Act states that “any person appointed to the office of the Inspector-General of Police shall hold office for four years.”
Controversies
The amendment, proposed as an executive bill and passed almost immediately after it was introduced at the National Assembly on 23 July 2023, drew a public uproar with many questioning the motive behind it.
The bill, passed with supersonic speed, scaled second and third readings on the same day, it was introduced at both the Senate and the House of Representatives. Both chambers passed the bill that same day.
It created a new Section 18(8A) of the Police Act that gave IGPs special civil service rights and enforced section 7(6) of the Act.
In the principal Act, Section 18(8) states: “Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.”
But the newly introduced section stated, “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.”
According to the presidency which sponsored the bill, the amendment aimed to guarantee the tenure of the IGP and revolutionise police operations by enhancing accountability, modernising policing methods and fostering a more harmonious relationship between the police and the community.
But many Nigerians criticised the amendment.
The Human Rights Monitoring Agenda (HURMA) said “the overzealousness” of lawmakers in passing the bill to amend the Nigeria Police Act, 2020, was to “accommodate ‘sit tightism’ of Mr Kayode Egbetokun in office.”
The National Institute for Legislative and Democratic Studies similarly criticised the amendment, arguing that it defeated the objectives of the current 35-year service limit or 60-year retirement age.
The group added that extending service terms might not improve morale, performance, and job satisfaction in the police force.
Many have yet to come to terms with Mr Egbetokun’s extended tenure, with Mr Sowore recently referring to him as an illegal IGP.
The police had charged Mr Sowore with cybercrimes at the Federal High Court in Abuja for posting the comment on social media.
Mr Sowore was arraigned on Wednesday, when he pleaded not guilty to 17 cybercrime counts. The court granted him bail on Thursday.
An Abuja-based lawyer, Maxwell Okpara, also sued the federal government at the Federal High Court in Abuja over the matter.
In his suit marked FHC/ABJ/CS/342/2024 filed in September 2024, Mr Okpara contended that Mr 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 ongoing yet to be decided on by the court.
Egbetokun’s tenure legal – AGF, Nigerian police
The AGF said Thursday that the amended Police Act 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 (Egbetokun).”
The Nigerian police, similarly, defended Mr Egbetokun’s stay in office on Thursday,
Also responding to Mr Sowore’s claim, force spokesperson, Muyiwa Adejobi, said in a statement that the appointment of Mr Egbetokun was legal and was confirmed by the Police Council.
“The Nigeria Police Force hereby refutes, in clear and unequivocal terms, the baseless and misleading claims recently attributed to Mr. Omoyele Sowore, alleging that the tenure of the IGP is illegal, Adejobi said, adding that “Such claims are entirely unfounded and seek to undermine the legitimacy of the IGP’s appointment as well as public confidence in the Nigeria Police.”
The police spokesperson further stated that Mr Egbetokun’s appointment is grounded in law, specifically 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.”
He argued that the amendment of the Police Act aims to provide stability and continuity in the leadership of the Nigeria Police Force, “enabling the IGP to implement long-term plans and policies without fear of abrupt termination. This change is expected to enhance the effectiveness and efficiency of the police force in maintaining law and order in the country.”
Adejobi urged the public to disregard Mr Sowore’s claims, alleging that his assertions were aimed at turning the public against the IG.
“It is crucial for members of the public to be aware that IGP Egbetokun’s status as the 22nd Indigenous Inspector-General of Police is both legally and procedurally sound,” he stated.
He added, “The Nigeria Police Force views Mr Sowore’s unfounded assertions as an attempt to erode public trust and foster confusion regarding the force’s leadership. Dissemination of inaccurate information, particularly about the IGP’s standing, has the potential to compromise the security framework of our nation and impede our collective efforts to ensure peace and order.”
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