The controversy surrounding the extension of the tenure of the Inspector-General of Police, Kayode Egbetokun, is yet to abate following the fresh calls for his resignation or sack by the President, Bola Ahmed Tinubu.
Apart from the human rights activist, Omoyele Sowore, who consistently criticises Egbetokun’s stay in office as IGP, some senior police officers spoken to also raised eyebrows over the development, saying the extension had “killed” career growth of some officers.
But the Force headquarters, in a swift reaction, maintained that Egbetokun’s appointment is firmly grounded in law, specifically in Part III, Section 7 (6) of the Police Act, 2020 (as amended).
Daily Trust reports that 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.
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.
Checks by this newspaper showed that the bill was tabled for the first time on the floor of the Senate on July 23rd, 2024, and it was passed for first, second and third reading barely one week after, July 31st, 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Part 111 Section 7 (6) of the Act, which repealed the Police Act Cap.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.”
Egbetokun’s stay illegal, Sowore insists
But Sowore, who was the presidential candidate on the platform of 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.
Our correspondent reports that fresh trouble began on Monday when the police invited Sowore and later detained him over the offence of calling Egbetokun an “illegal IGP” after he rejected bail conditions given to him.
Giving an update after he was grilled by the Deputy Inspector-General of Police, Dasuki Galadanchi, the activist condemned the police’s demands, requesting him to provide a Level 17 officer as a surety, saying it was an abuse of power in their bail process.
The activist, who also declined to write a statement while he was asked to, described the demand as an insult to him, and as such he would continue to refer to Egbetokun as an “illegal IGP” without apology.
Speaking to journalists in Abuja, following a court adjournment of his bail hearing, Sowore stated that the request to provide such a high-ranking civil servant as surety was absurd and unjust, adding that the Nigerian police have misused their prosecutorial powers and were targeting him out of what he believes to be personal animosity.
“I have no apology for calling him ‘illegal IGP’, and I will not stop addressing him in that way,” Sowore said.
Sacking police top cop will save Nigeria embarrassment – Lawyer
Counsel to Sowore, Marshall Abubakar, when he appeared on Arise Morning Show, said the charge filed by the IGP against the activist is embarrassing the country, adding that the police chief should be relieved of his appointment.
He argued that Egbetokun flouted a law that cautioned him from using his powers for personal vendetta.
“That charge shouldn’t have come to the court abinitio. The police have messed up their prosecutorial power by bringing that charge because it violates Section 357. I regard that charge as laughable,” he said.
IGP’s continuous stay in office legal, lawful – AGF
Meanwhile, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has weighed in on the fresh controversy, saying his advisory is necessary for the guidance of the general public, while arguing that Egbetokun’s continuous stay in office is legal and lawful.
He 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”.
Police Council duly confirmed him, says FHQ
Similarly, defending the IGP, the force headquarters said the appointment is legal and duly confirmed by the Police Council.
The FHQ, in a statement on Thursday by its spokesman, Olumuyiwa Adejobi, an Assistant Commissioner of Police, 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”.