Mike Ozekhome, a senior advocate of Nigeria (SAN), says the amendment to the Police Act 2020 validates Kayode Egbetokun’s continued stay in office as the inspector-general of police (IGP).
In a legal opinion, Ozekhome said the Police Act 2020 is the only extant law governing Egbetokun’s appointment and tenure of office.
Egbetokun’s tenure as the IGP has recently sparked controversy on whether the police chief should have retired after clocking 60 years old in September 2024.
However, Lateef Fagbemi, the attorney-general of the federation (AGF) and minister of justice, had said the continuous stay of Egbetokun in office is lawful.
Fagbemi added that the IGP’s appointment, which took effect on October 31, 2023, remains valid for four years.
The AGF had said since the amendment of the Police Act by the national assembly in 2024, the IGP would stay in office for four years “notwithstanding the fact that he has attained the age of 60 years”.
The civil service rules stipulate that civil servants should retire at the age of 60 years or after attaining 35 years of service.
Reacting to the controversy, Ozekhome said the legality of Egbetokun’s tenure is now governed by the amended Police Act.
The senior advocate said until a judicial pronouncement is made on the legality of the amended act, the continuous stay of Egbetokun remains legal.
He added that since the 1999 Constitution (as amended) did not stipulate the duration of the tenure of an IGP, the Police Act prevails.
“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.”
