Why IGP Egbetokun Remains in Office Despite Retirement Age – AGF Fagbemi

Fagbemi, Egbetokun and Sowore

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has clarified the legality of Inspector General of Police (IGP) Kayode Egbetokun’s continued stay in office, despite reaching the retirement age of 60.

In a statement on Thursday, Mr. Fagbemi addressed concerns over Mr. Egbetokun’s tenure, explaining that an amendment to the Police Act granted the IGP a four-year term, irrespective of the mandatory retirement age.

Legal Basis for IGP’s Tenure Extension

The clarification follows public debates and legal actions, including a lawsuit filed by rights activist Omoyele Sowore, who referred to Mr. Egbetokun as an “illegal IGP.” The police subsequently charged Mr. Sowore with cybercrimes over his statement.

Mr. Fagbemi acknowledged that Mr. Egbetokun, appointed on October 31, 2023, would have retired on September 4, 2024, upon turning 60. However, he emphasized that amendments to the Police Act provided a legal basis for his extended tenure.

Citing Section 7(6) of the amended Act, Mr. Fagbemi noted that any appointed IGP is entitled to a four-year term, regardless of age. The amendment, introduced as an executive bill and swiftly passed by the National Assembly on July 23, 2023, sparked public outcry, with critics questioning its intent and the speed of its approval.

Amendment Sparks Controversy

The amendment introduced a new Section 18(8A), overriding the existing provision that required police officers to retire after 35 years of service or upon reaching 60. The new clause specifically allows an IGP to complete a full term as stipulated in their appointment letter.

The presidency defended the amendment, stating that it aimed to ensure leadership stability in the police force, enhance accountability, modernize policing, and foster stronger community relations. However, several stakeholders, including the Human Rights Monitoring Agenda (HURMA) and the National Institute for Legislative and Democratic Studies, criticized the amendment as promoting “sit-tight” leadership.

Legal Actions and Public Reactions

Mr. Sowore’s cybercrime case, which led to his arraignment and bail, is part of broader opposition to Mr. Egbetokun’s extended tenure. Additionally, Abuja-based lawyer Maxwell Okpara has sued the federal government, arguing that Mr. Egbetokun should have retired in line with public service regulations.

Despite these challenges, Mr. Fagbemi reaffirmed that the amendment legally extends the IGP’s tenure until October 31, 2027.

Police Defend IGP’s Legitimacy

The Nigeria Police Force has also defended Mr. Egbetokun’s appointment. Force spokesperson, Muyiwa Adejobi, dismissed claims of illegality, stressing that the IGP’s tenure was ratified by the Police Council and confirmed by the presidency.

Mr. Adejobi described allegations against the IGP as misleading and an attempt to undermine public confidence in the police force. He maintained that the amendment promotes stability, allowing the IGP to implement long-term policies for effective law enforcement.

“The Nigeria Police Force views Mr. Sowore’s unfounded assertions as an attempt to erode public trust and foster confusion regarding the force’s leadership,” Mr. Adejobi stated, urging Nigerians to disregard the claims.

As debates over the amendment continue, legal proceedings and public discourse will determine the broader implications of this legislative change on police leadership in Nigeria.