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Home Security IGP Egbetokun’s Tenure Extension Overrides Nigeria’s Constitution, Legal Group Warns

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IGP Egbetokun’s Tenure Extension Overrides Nigeria’s Constitution, Legal Group Warns

Confidence UbaniFebruary 4, 20252 Mins read50

The extension of Inspector General of Police Kayode Egbetokun’s tenure has sparked criticism as many question its legality. Egbetokun turned 60 on September 4, 2024, the retirement age for police officers. However, he remains in office under an amended Police Act that allows an IGP to serve a full four-year term, regardless of age.

Attorney General of the Federation, Lateef Fagbemi, has defended the decision. He stated that Egbetokun’s continued stay in office aligns with the 2024 amended Police Act. The Act allows the IGP to serve a four-year term starting from his appointment on October 31, 2023.

Initially, the Police Act 2020 mandates that police officers retire at 60 or after 35 years of service, whichever comes first. This is outlined in Section 18(8). However, the amendment introduced Section 18(8A). It exempts the IGP from this rule. It states that anyone appointed to the position will stay in office until the end of their term, as outlined in their appointment letter.

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,” it reads.

Although the bill passed in July 2024, the presidency has not officially confirmed if President Bola Tinubu has signed it into law. Media reports after Egbetokun’s 60th birthday suggested that Tinubu approved his stay in office until October 2027.

Legal experts argue that such an extension should require a constitutional amendment. Tonye Jaja, Secretary of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), said the only legal way to extend an IGP’s tenure is by amending Sections 214, 215, and 216 of the 1999 Constitution. According to him, the Attorney General’s position on the IGP’s four-year tenure contradicts the Nigerian Constitution.

The office of the Inspector-General of Police is a direct creation and established by the 1999 Constitution of Nigeria therefore, it is only through an alteration of the said Constitution that changes can be made to the tenure of office of the said Inspector-General of Police.

ALDRAP has warned that it may file a lawsuit at the National Industrial Court of Nigeria if the Attorney General does not reconsider his stance. Concerns have also been raised about how quickly the amendment passed. The National Assembly approved the changes in a single day, on July 23, 2024. Activists and social media users have strongly opposed this extension.

Omoyele Sowore, former presidential candidate, called Inspector-General of Police Kayode Egbetokun an “illegal IGP” and said the amendment was not properly ratified. Sowore was later charged with spreading false information and granted bail by the Federal High Court on January 30, 2025, with a N10 million bond.

The extension also affects the hierarchy within the police force. Traditionally, when an IGP retires, a Deputy Inspector-General (DIG) is promoted. Many Nigerians believe that DIG Frank Mba would be next in line. However, Egbetokun will remain in office until October 31, 2027. Four of the eight current DIGs retired between September and December 2024. The remaining four will be considered for the position of IGP by the Police Service Commission (PSC), subject to approval by the President and National Assembly.

The retirement dates for the eight DIGs are:

Emeka Frank Mba: May 18, 2027
Bala Ciroma: March 3, 2025
Sylvester Abiodun Alabi: December 3, 2024
Daniel Sokari-Pedro: December 18, 2024
Ede Ayuba Ekpeji: October 21, 2024
Bello Makwashi Maradun: December 25, 2024
Dasuki Danbappa Galadanchi: March 3, 2025
Sahabo Abubakar Yahaya: September 15, 2025

Supporters of the amendment believe that it ensures continuity. Opponents, however, note that it sets a dangerous precedent for tenure extensions in the civil service.‏