Senior Lawyer reveals what gives Egbetokun legal ground to continue staying in office as IGP
Senior Lawyer reveals what gives Egbetokun legal ground to continue staying in office as IGP
Senior Advocate of Nigeria (SAN) Mike Ozekhome has spoken on the escalating controversy surrounding Kayode Egbetokun’s tenure as Inspector-General of Police (IGP), confirming that recent changes to the Police Act 2020 give him legal grounds to remain in office.
In a legal opinion, Ozekhome stressed that Egbetokun’s appointment and tenure are solely governed by the Police Act 2020, which means that his continuing employment is valid even though he would turn 60 in September 2024.
In recent weeks, there has been a heated discussion about whether Egbetokun should retire when he turns 60. Egbetokun’s stance is still legitimate, nevertheless, according to Lateef Fagbemi, the Attorney-General of the Federation (AGF) and Minister of Justice.
Fagbemi clarified that Egbetokun’s appointment, which took effect on October 31, 2023, is secured for a four-year term under the amended Police Act, overriding the usual retirement age of 60.
Fagbemi further noted that the National Assembly’s 2024 amendment to the Police Act allows the IGP to remain in office for four years, irrespective of age.
This adjustment, he explained, ensures that the IGP’s tenure is no longer bound by the civil service retirement rule, which typically mandates retirement at 60 or after 35 years of service.
Ozekhome, responding to the legal complexities, agreed with Fagbemi’s interpretation, stating that the amended Police Act governs the IGP’s tenure moving forward.
He added that unless a court rules otherwise, Egbetokun’s position remains legally sound. Furthermore, the Senior Advocate pointed out that the Nigerian Constitution does not specify the duration of an IGP’s tenure, making the provisions of the Police Act the definitive legal framework for Egbetokun’s continued service.
“For the avoidance of doubt, IGP Egbetokun’s continuous stay in office is legal and is in line with the provisions of the constitution and the Police Act as amended in 2024, which allows the occupant of the office (Egbetokun) to enjoy a term of four years certain effective from the date of his appointment as IGP, in this case, the 31st day of October, 2023,” Ozekhome said.
“This advisory is necessary for the kind guidance of the general public and stakeholders.
“Meanwhile, I believe it would have been much better and contextual if the AGF had put forward this sole ground of the amendment to the Police Act as being enough justification for an extension to the tenure of Kayode Egbetokun as IGP, without more.
“My take on this debate, therefore, is that the Police Act, 2020 (as amended in 2024) is the only extant law governing Egbetokun’s appointment and tenure of office.
“It remains so until it is successfully challenged and a judicial interpretation upturns it.
“The entire Act or its provisions, including amendments as enacted by the NASS, remain constitutional, legal, and valid for all time until pronounced otherwise by the courts.
“I have read with calmness and deep research the argument that an extension of IGP’s tenure can only be done through the Constitution.
“No. Rather, any fault inherent in the Police Act (as amended), if there be any, can only be set aside by a competent court of law.
“It is therefore not correct to argue that any alteration to the IGP’s tenure can only be made through an amendment of the 1999 Constitution.”
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Government agency demolishes building used as kidnappers’ hideout
Government agency demolishes building used as kidnappers’ hideout
The Oyo State Government has demolished the three-bedroom bungalow where kidnappers held hostage Mrs Busayo Adelabu John-Paul and her twin sons in Ibadan.
Mrs Adelabu John-Paul and the twins, the younger sister and nephews of former Minister of Power, Chief Bayo Adelabu, were abducted at Elewura area of Ring Road in Ibadan on June 3.
The hostages were, however, rescued by the police on Saturday night at Lako Community, Ayegun Anaye area of Ibadan, during which two of the kidnappers were neutralised and others arrested.
The demolition exercise was carried out on Monday by a team led by the Commissioner for Works and Transport, Mr Abdulmojeed Mogbonjubola, accompanied by operatives of the Nigeria Police Force.
The commissioner said that the demoltion was part of efforts by the government to tackle kidnapping and other criminal activities in the state.
According to Mogbonjubola, the state government has also revoked the land from its owner in its commitment to ensure safety of lives and combat insecurity in the state.
He admonished landlords’ associations, housing agents and residents in the state to always be vigilant about their surrounding and tenants living in their areas.
The commissioner advised residents to alert security agents and the government to any suspicious criminal activities.
Speaking earlier, the Vice Chairman of the Landlords Association, Ayegun- Lako Community, Mr Matthew Olaiya, said that occupants of the three-bedroom bungalow rented the apartment recently.
Olaiya said that the occupants of the building always returned late in the night and used to be away for days.
Also present during the demolition was the Permanent Secretary, Ministry of Works and Transport, Prince Goke Adenrele and other officials of the ministry (NAN)
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Fed Govt decries attacks on Nigerians in S/ Africa, plans retaliatory response
Fed Govt decries attacks on Nigerians in S/ Africa, plans retaliatory response
The Federal Government has again strongly condemned the attacks, harassment and forced displacement of Nigerians in South Africa, saying it is considering appropriate measures in response.
The Minister of Foreign Affairs, Amb. Bianca Odumegwu-Ojukwu, stated this while speaking with State House Correspondents on Monday in Abuja.
According to the minister, many Nigerians are unhappy with the treatment of their compatriots in South Africa, considering Nigeria’s historical support for the country’s anti-apartheid struggle.
“Nigeria is not happy because Nigeria sacrificed much for the South African struggle for independence.
“Nigeria committed funds and resources. Seats were reserved for South African students, and many Nigerians actively supported the anti-apartheid movement,” she said.
Odumegwu-Ojukwu said the Federal Government had not ruled out any response, including possible retaliatory measures, although any decision would be taken at the highest level of government.
“That is a situation that we are considering. This is up to our legislature and the highest levels of government, but it is not off the table,” she said.
On the evacuation of affected Nigerians, the minister said arrangements were ongoing to repatriate those willing to return home.
She explained that, although, the airlift did not commence on Monday as initially expected, documentation and other formalities were being concluded.
“The repatriation is on course. Mr President has reiterated that the aircraft will go to South Africa and our citizens who are affected will have the opportunity to return home,” she said.
Odumegwu-Ojukwu said the number of Nigerians seeking evacuation continued to rise, adding that screening processes involving both Nigerian and South African authorities were ongoing.
She disclosed that President Bola Tinubu had directed the immediate establishment of a crisis response unit at Nigeria’s Consulate in Johannesburg and the country’s mission in Pretoria to coordinate assistance for affected citizens.
The minister dismissed claims that the affected Nigerians were illegal migrants, insisting that many were legitimate residents and business owners.
According to her, some Nigerians had suffered attacks on their businesses and properties, while others faced intimidation and insecurity.
“To say that Nigerians in South Africa doing legitimate business are illegal migrants is absolutely untrue,” she said.
Odumegwu-Ojukwu added that the Federal Government, working with the National Emergency Management Agency (NEMA) and other relevant agencies, had put plans in place to support and rehabilitate returnees.
“This evacuation is being undertaken with NEMA and other government agencies to ensure that those who return are properly rehabilitated,” she said. (NAN
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Troops neutralise terrorist scout, arrest suspects recover weapons, ammunition
Troops neutralise terrorist scout, arrest suspects recover weapons, ammunition
The Nigerian Army says its troops have in the last 24 hours, recorded significant operational successes against terrorists, bandits, kidnappers and other criminal elements in various operations across the country.
The operational report made available to the News Agency of Nigeria (NAN) on Monday in Abuja, indicated that troops neutralised a terrorist scout, apprehended several suspects and recovered weapons, ammunition and communication equipment.
In Borno, the report said troops of 73 Battalion (Motorised) neutralised a suspected terrorist scout during an ambush operation near Malari village in Konduga Local Government Area after the suspect ignored repeated warnings to halt.
It also disclosed that troops of 162 Amphibious Battalion recovered seven motorcycles, a PKT machine gun, 1,010 rounds of QJC ammunition and other military items during exploitation operations following the recent terrorist attack on Mandaragirau in Biu Local Government Area.
It added that troops of 145 Battalion arrested a suspected drug peddler in Damasak and recovered illicit substances, while troops of 144 Battalion apprehended a suspected terrorist informant in Madagali, Adamawa.
In Kaduna State, the report said troops of Operation Fansan Yamma fought through an ambush mounted by more than 50 suspected terrorists during a fighting patrol in Kachia Local Government Area and forced the criminals to retreat.
It added that troops of 1 Brigade Quick Response Force apprehended eight suspected terrorists in Zamfara and recovered seven motorcycles, mobile phones, power banks, handheld radios, camouflage uniforms and other items.
“In Niger State, troops of Operation Savannah Shield arrested three suspected terrorists linked to the abduction of a medical doctor and recovered phones, cash and materials believed to be connected to criminal activities.
“The troops also apprehended two suspected terrorist spies allegedly conducting reconnaissance around military facilities in Borgu Local Government Area of the state.
“In Plateau, troops launched a search-and-rescue operation following the abduction of a three-year-old girl in Bassa Local Government Area and arrested a suspected kidnappers’ informant in Mangu Local Government Area,” it said.
The report further revealed that troops of Operation Whirl Stroke recovered a locally fabricated pistol abandoned by fleeing bandits in Katsina-Ala Local Government Area of Benue.
“Similarly, troops of 14 Brigade and other security agencies arrested three suspected gunrunners in Abia and recovered seven Dane guns, 22 live cartridges and a motorcycle.
“In Rivers, troops conducting anti-illegal bunkering operations uncovered and destroyed an illegal refining site in Orashi National Forest, recovering equipment and petroleum products used for illicit activities.
“Ongoing operations across various theatres remain focused on sustaining pressure on terrorists, bandits, kidnappers and othercriminal elements threatening national security,” it said. (NAN) (www.nannews.ng)
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