Jibrin Okutepa Raises Constitutional Concerns Over IGP’s Post-Retirement Tenure”

Senior Advocate of Nigeria (SAN), Jibrin Samuel Okutepa, has raised significant concerns regarding the legality of the current Inspector General of Police (IGP) remaining in office after reaching the mandatory retirement age. According to Okutepa, the IGP’s continued tenure could potentially be unconstitutional, given the stipulations in both the Police Act and the Public Service Rules.

Okutepa outlined his position, pointing out that public servants, including police officers, are required to retire either after reaching 60 years of age or completing 35 years of service, whichever comes first. With the current IGP having turned 60 in September 2024, Okutepa questioned the legality of his continued stay in office, especially as the IGP had been reappointed for a four-year tenure.

However, Okutepa argued that the Nigerian Police is a creation of the Constitution, as outlined in Sections 214 and 215 of the 1999 Constitution. Section 215(1)(a) of the Constitution explicitly states that the President, on the advice of the Nigeria Police Council, is responsible for appointing the IGP from among serving members of the police force. Okutepa’s point is that no police officer who has reached the mandatory retirement age or completed their service term can still be considered a “serving member” eligible for the position of IGP.

Okutepa also emphasized that any attempt by the National Assembly to extend the IGP’s tenure, if it conflicts with constitutional provisions, would be invalid. He stressed that once a police officer reaches retirement age or the end of their service, they cease to be eligible for appointment as IGP, as the Constitution requires the individual to still be an active member of the police force.

“Any act that extends the tenure of an IGP who, by law, is no longer a police officer is null and void and inconsistent with Section 215 of the 1999 Constitution,” Okutepa concluded.

This legal interpretation raises important questions about the constitutionality of the IGP’s tenure extension and whether it aligns with the foundational principles set by Nigeria’s Constitution.