Anger, frustration and murmuring envelope the Nigeria Police Force (NPF) due to President Bola Ahmed Tinubu’s ploy to retain Kayode Egbetokun as the Inspector General after he has attained the statutory retirement age of 60 years, using what legal experts refer to as manipulative amendment of the Nigeria Police Act in 2024
By Our Correspondent
The office of the Inspector General of Police (IGP), in Nigeria, as with other climes, is a prestigious and revered office. The occupant of the office in the country’s number one police officer is accorded special recognition and honour within and outside the confines of the Force due to the responsibilities that come with the office. In Nigeria, the appointment of the IGP, constitutionally, is an exclusive preserve of the President and Commander-in-Chief of the Federal Republic, and the President also has the exclusive power to fire any IGP.
Due to the aura of the office of the IGP, the number one cop in the country carries on his duties with an air of pride and dignity to the admiration of the officers and men of the paramilitary outfit.
Today, the occupant of the office of the IGP, Kayode Egbetokun, is an unhappy personality despite all the paraphernalia of his office. Egbetokun bears a heavy burden: burden of conscience, burden of morality and burden of dishonour. He is the most denigrated, most dishonored, most scandalized and most undignified number one police officer in the history of policing in Nigeria.
When President Bola Tinubu appointed Egbetokun the IGP in June 2023 one year to his retirement age at 60, he was bubbling with life and enthusiasm. All that has now evaporated as the IGP is swimming in confusion brought to him by public odiom. Egbetokun has lost the respect of Nigerians within and outside the Police Force. He is fighting war of credibility against serving and retired officers, against legal experts, against the Police Service Commission (PSC), the body charged with the responsibility of overseeing the activities of the police in Nigeria, and against the Nigerian public over his refusal to retire from the Force after he has attained the statutory retirement age of 60 years.
Egbetokun’s woes began on July 23, 2024 when the two Chambers of the National Assembly curiously and hurriedly passed into law an Executive Amendment Bill seeking to alter Section 18 of the Nigeria Police Act 2020 to enable Egbetokun remain in office as the IGP till October 31, 2027 when the next presidential election would hold.
According to Section 18(8A) of the Act before the purported amendment, “Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains 60 years, whichever is earlier”.
After the alleged manipulative amendment of the Police Act in 2024, the same Section 18(8A) of the Act would read, “Notwithstanding the provisions of Subsection 8 of this Section, any person appointed to the office of the 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”.
When this amendment of the Police Act occurred, scarcely did Nigerians understand its import; that it was orchestrated by Tinubu and the National Assembly Leadership to retain his former Aide-de-Camp till 2027. The amendment came barely two months to the retirement of Egbetokun on September 4, 2024 when he attained 60 years.
But when Egbetokun declined retirement last year, many legal experts, including the fiery Maxwell Opara, an Abuja-based human rights lawyer, began to kick against his retention as IGP beyond last year. Opara went to court. The matter is still lingering till date.
Egbetokun had enjoyed a relative tranquility since last year until he took the activist, Omoyele Sowore to court, last January, under the Cybercrime Act for calling him an illegal IGP on the social media. That litigation sparked backlash against Egbetokun which raised the issue of his retirement saga once again in the public domain.
Again, the Police Service Commission (PSC) had approved the retirement of about 197 police officers last month who have served 35 years or attained 60 years of age while in service. Egbetokun was required to endorse their exit from the NPF as the IGP. This requirement was to spark another vicious calls for him to retire.
Rattled by the calls, Egbetokun was to decline the endorsement to allow the exit of the 197 officers, thereby causing friction between him and the PSC.
The development implied a complete purge from the Police Force, all the age mates of the Egbetokun, who despite crossing 60 in September last year will remain in service.
The PSC had on Friday, January 31 approved the retirement of police officers above 60 years old or have spent 35 years in service.
The PSC took the decision at an extraordinary meeting, citing Public Service Rule which provides for the retirement on attainment of 35 years in service or 60 years of age.
A statement by Ikechukwu Ani, Head, Press and Public Relations Officer, announcing the decision did not provide any clue of how many officers that were to be affected, but Tentacle gathered from police inside sources that there were at least 197 officers affected.
But the statement said the commission had at its 24th Plenary Meeting of 27 and 28 September 2017 approved that the Force entrants should have their date of appointment in the Force against the date of their enlistment.
It added, “The Commission has passionately revisited their decision and has come to the conclusion that the said decision in its intent and purpose contradicted the principle of merger of service in the Public Service and it is in violation of Public Service Rule No 020908 (i & ii) which provides for retirement on attainment of 35 years in service or 60 years of age.
“Accordingly, the Commission at its 1st Extra Ordinary Meeting of the 6th Management Board held today, Friday, 31st January 2025, approved the immediate retirement of those officers who have spent more than 35 years in service and those above 60 years of age.”
Mr Egbetokun’s stay in office was made possible by a controversial amendment to the Police Act last year which saw his tenure extended to 2027.
PSC’s mass retirement of officers caught by the public service rule came at a time when activist Sowore’s recent social media post describing Mr Egbetokun as an illegal IGP reignited public interest in the controversial circumstances under which the amendment extending his tenure was carried out.
The police charged Sowore with cybercrime offences over his claim that Egbetokun is an illegal IGP.
Sowore’s position has since gained popularity on the social media since his prosecution started, prompting the Attorney-General of the Federation and Minister of Justice, prince Lateef Fagbemi, and the NPF to explain the legal basis for the extension of Mr Egbetokun’s tenure.
The Executive Amendment Bill to alter the Police Act 2020, was passed into law almost immediately after it was introduced at the National Assembly on 23 July 2023, this hurried attention to the Executive Bill drew public uproar with many questioning the motive behind it.
The bill, passed with supersonic speed, scaled second and third readings on the same day it was introduced at both the Senate and the House of Representatives. Both chambers passed the bill that same day.
Incredibly, in a wireless circular from the office of the Force Secretary, dated February 5, 2025, Egbetokun had brazenly flouted the directive of the PSC to those officers to proceed on retirement. The circular read, “INGENPOL strongly directs all officers affected by the PSC’s directive to stay action pending further directive. This directive should be strictly complied with “.
Lawyers in the country have been united in their call for Egbetokun to retire. Human rights lawyer, Dele Farotimi insisted that Egbetokun is no longer eligible to lead the NPF as its IGP.
Farotimi said Egbetokun should have retired, arguing that the decision of President Tinubu-led administration to confirm his stay as the Inspector-General was against the constitutional provision.
In an interview with News Central, Farotimi stated that the accusation of the former presidential candidate of the African Action Congress (AAC), Sowore, was correct.
Farotimi said, “Nigeria as a legal entity is full of lies and contradictions, and laws rarely matter in the country that we have built. If laws matter, the reality is that Yele is completely correct. The Inspector General of Police is illegal. He has exceeded his time in office.
“But what the presidency is telling you is that the law does not matter. The President has decreed and it has been as decreed. Because, if it is not decreed, then it would be in accordance with the law. And what the law says is that Kayode Egbetokun should retire and should have retired.
“So that the President has decreed is another buggy mentality. That the decree of the President supersedes the constitution or the law in Nigeria is just another one of the many sickening realities of our existence. But that is just what it is.”
Speaking further on his use of the word illegal, Farotimi explained that the President decided to take an action that was against the law. He added that the PSC also confirmed that Egbetokun ought to have retired.
According to Farotimi, “If the President’s word is superior to the clear wordings of the law, the existential reality is that he has decreed something outside of the law and it is because he is the imperator. It does not change the fact that what he has said supersedes the law.
“So when the pronouncement of the President supersedes the law, the only thing you can say is that the president has issued a decree. That is the effective nature of his pronouncement. Because the Police Service Commission has not denied the fact that the man should have retired.”
The Muslim Rights Concern (MURIC) has also frowned at the retention of Egbetokun as IGP.
MURIC warned against tenure extension for Egbetokun, and expressed concern that such a move could undermine efficiency, fuel division, and erode public trust in the police force.
In a statement it issued recently, MURIC’s Executive Director, Ishaq Akintola, raised alarm against the amendment of the Police Act that enabled Egbetokun’s tenure extension. He pointed out that the amended Section 18(8) of the Act allows the IGP to serve until the end of their appointed term, rather than retiring at the age of 60.
Akintola acknowledged the Police Force’s recent progress in improving security, including the rescue of numerous kidnap victims and the resolution of several high-profile crimes. However, he expressed concern that extending Egbetokun’s tenure could reverse these gains and create internal divisions within the force.
“While the IG’s tenure extension may not directly impact Muslim rights, it certainly has implications for the security and welfare of all Nigerians, including Muslims.”
Akintola advised Egbetokun to step down now before the controversy escalates, suggesting that doing so would help preserve his reputation and avoid tarnishing his clean record.
Meanwhile, opposition parties have alleged that Tinubu is retaining Egbetokun against the insistent of Nigerians that he should retire because he plots to use him to rig the 2027 election in favour of the All Progressives Congress (APC) in the event Nigerians reject him for a second term based on his harsh economic policies.
Those opposed to Egbetokun’s retention readily point out the 2024 governorship election in Edo State where the police was alleged to have aided the rigging of the election in favour Monday Okpebholo, who contested on the APC platform. That election is still being contested at the court.
But the Presidency has, through the Attorney General of the Federation and Minister of Justice, Fagbemi issued a statement in which it said Egbetokun occupies the office of the IGP legitimately.
In a statement, Fagbemi said, “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 31st day of October, 2023 would have come to an end on his attainment of 60 years of age on the 4th day of September, 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 the tenure of office of Egbetokun to and including 31st day of October, 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 allow the occupant of the office to enjoy a term of four years effective from the date of his appointment as IGP, in this case, 31st day of October 2023”.
Also in defense of Egbetokun, the Force Headquarters said his retention is legal and duly confirmed by the Police Council.
The FHQ, in a statement on Thursday, January 30 by its spokesman, Olumuyiwa Adejobi, an Assistant Commissioner of Police (ACP), explained that the claims are entirely unfounded and seek to undermine the legitimacy of the IGP’s appointment as well as public confidence in the Nigeria Police.
He said, “The Nigeria Police Force hereby refutes, in clear and unequivocal terms, the baseless and misleading claims recently attributed to Mr. Omoyele Sowore, alleging that the tenure of the Inspector-General of Police, Kayode Adeolu Egbetokun, is illegal.
“Such claims are entirely unfounded and seek to undermine the legitimacy of the IGP’s appointment as well as public confidence in the Nigeria Police.
“IGP Egbetokun’s appointment is firmly grounded in law, specifically Part III, Section 7 (6) of the Police Act, 2020 (as amended).
“This provision explicitly states that “The person appointed to the office of the Inspector-General of Police shall hold office for four years.”
“Moreover, his appointment was duly ratified by the Police Council, and he has received the requisite confirmation letter from the Presidency, validating his tenure from October 31, 2023, to October 31, 2027, in line with the provisions of Section 8A of the executive bill passed which amended the Police Act, clearly stating that “Any person appointed to the office of Inspector-General of Police shall remain in office until the end of term stipulated in the letter of appointment in line with the provisions of section 7(6) of this Act.
‘The amendment aims to provide stability and continuity in the leadership of the Nigeria Police Force, enabling the IGP to implement long-term plans and policies without fear of abrupt termination. This change is expected to enhance the effectiveness and efficiency of the police force in maintaining law and order in the country”.
Meanwhile, numerous retired senior police officers have said that Egbetokun is desecrating the sanctity of the NPF by his refusal to retire when the ovation is loud. Some of these police top shots who exited the Force honourably after completing their service condemned the National Assembly, Tinubu and Egbetokun for their deliberate attempt to bastardize the Force.
They argued that even if Tinubu wanted Egbetokun to remain, he could advise the President otherwise and recommend some other officers to the President to take over as IGP.
