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.”