Relentless Human rights activist, Omoyele Sowore, has reiterated his call on the Inspector General of Police, Kayode Egbetokun, to vacate his office on the grounds that he has exceeded the constitutional retirement age of 60 years.
Sowore, made the call yesterday at the Force Headquarters in Abuja. He said it was unacceptable for Egbetokun to ‘illegally’ continue to remain in office beyond September 4, 2024, when he clocked 60 years.
Egbetokun, who was supposed to have exited the police service since September 4, 2024, when he clocked 60 years of age, was handed an extension of four years in office by the president, after the law regarding appointment into the IGP’s office was amended by the National Assembly.
Specifically, the Senate had, in July last year, hurriedly passed the Police Act Amendment Bill, 2024, to guarantee four-year tenure of office for an IGP.
But Sowore, who led members of the ‘Take-It back Movement,’ to the Force Headquarters, insisted that the continued stay of Egbetokun as IGP was illegal and unconstitutional.
According to him, “We are here in continuation of our campaign to ask the IGP to vacate his office because he has retired since September 4, 2024.
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He retired on September 4, 2024, but has refused to leave the office. That’s why we are here to remind him that his tenure has expired and he should vacate the office.”
Sowore argued that “there is no tenure appointment that can supersede the provisions of the 1999 constitution. That constitution laid down the condition for retirement, which is 35 years in service or when you reach the age of 60 years; he has fulfilled both conditions and should accordingly vacate his office.”
Apart from the human rights activist, who consistently criticises Egbetokun’s stay in office as IGP, some senior police officers are also raising eyebrows over the development, saying the extension had ‘killed’ the career growth of some officers.
But, the Force Headquarters, in a swift reaction, maintained that Egbetokun’s appointment was grounded in law, specifically in Part III, Section 7 (6) of the Police Act, 2020 (as amended).
It maintained that the bill was tabled for the first time on the floor of the Senate on July 23, 2024, and it was passed for the first, second and third reading barely one week after, specifically on July 31, 2024.
The amendment, which has generated reactions, was the inclusion of Section 18(8A) by both the Senate and the House of Representatives.
Section 18(8) of the Police Act states that, “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.”
Part 111 Section 7 (6) of the Act, which repealed the Police Act Cap. P19, Laws of the Federation of Nigeria, 2004, prescribed a four-year single tenure for a person appointed to the office of the IGP subject to the provisions of clause 18 (8).
But, Section 18(8A) of the Nigeria Police Act 2020 was amended as follows: “Notwithstanding the provisions of subsection (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.”
But, Sowore, who was the presidential candidate of the African Action Congress (AAC) in the last election, insisted that he would continue to address Egbetokun an “illegal IGP” because according to him, the extension in the office did not follow due process.
Meanwhile, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has maintained that Egbetokun’s continuous stay in office is legal and lawful.
“The continuous stay in office of the Inspector General of Police, Kayode Egbetokun, is legal and lawful. The appointment of Egbetokun which took effect from October 31, 2023, would have come to an end on his attainment of 60 years of age on September 4, 2024.
“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.
“This has, therefore, statutorily extended Egbetokun’s tenure of office to October 31, 2027, in order to complete the four-year tenure granted to him.
“For the avoidance of doubt, Egbetokun’s continuous stay in office is in line with the provisions of the Police Act amended in 2024, which allows the occupant of the office to enjoy a term of four years effective from the date of his appointment as IGP, in this case, October 31, 2023,” Fagbemi stated.
