“Age or Law? The Legal Conundrum of IGP Kayode Egbetokun’s Tenure Extension”
The recent directive from the Police Service Commission (PSC), mandating the immediate retirement of senior police officers over the age of 60 or those who have served for more than 35 years, has triggered a complex legal debate. The focus of this discussion centers around Inspector General of Police (IGP) Kayode Egbetokun, who, despite reaching the age of 60, remains in office. Legal experts, including Senior Advocates of Nigeria (SANs), have expressed varied opinions on the matter.
Kunle Adegoke SAN pointed out that while the PSC’s directive does not directly violate the Constitution, its legal validity remains open to judicial interpretation. Adegoke emphasized that the general rule permits the appointing authority to extend an official’s tenure unless a specific legal prohibition exists. He highlighted that the rules governing police and military personnel differ from those of the civil service, suggesting that the court may ultimately clarify the issue.
On the other hand, Monday Ubani SAN, former chairman of the Nigerian Bar Association’s Section on Public Interest and Development Law, defended the IGP’s extended tenure. According to Ubani, the Police Act allows for a four-year term for the IGP, regardless of age. He argued that an Act of Parliament takes precedence over civil service regulations, thus justifying Egbetokun’s continued service. Ubani also called for open public discussion, stressing the need for democratic debate and the importance of allowing diverse viewpoints to be heard.
Ifeday Adedipe SAN also supported the IGP’s extension, referring to a 2020 law signed by former President Muhammadu Buhari, which Adedipe believes has been correctly applied by the current administration. Adedipe expressed concern over the frequent turnover of IGPs, arguing that such instability disrupts the force’s continuity and hampers effective policing. He advocated for longer terms for the IGP, citing the positive impact of stable leadership, as seen in countries like the United States.
In conclusion, the debate over IGP Kayode Egbetokun’s tenure extension has sparked significant legal and public discourse. Legal experts are calling for clarity from the judiciary, urging a balanced conversation that focuses on the importance of stability and long-term leadership in the Nigerian police force.
