Lawyer questions legality of IGP Egbetokun’s continued stay, demands Tinubu’s response

Lawyer questions legality of IGP Egbetokun’s continued stay, demands Tinubu’s response

SAHARA REPORTERS

Legal practitioner Tolu Babaleye has written to President Bola Tinubu, seeking clarification on the status of Inspector General of Police Kayode Egbetokun, who has reached both the mandatory retirement age of 60 in the Nigerian police.

In his letter dated September 17, 2024, written through Tolu Babaleye & Co., the lawyer expressed surprise that Egbetokun, now statutorily a civilian, is still presenting himself as the top police officer in Nigeria.

The lawyer said, “I wish to welcome Your Excellency back to the country from your foreign trips abroad aimed at bettering the life of Nigerians who are battling with economic hardship occasioned by the removal of petrol subsidy.

“I am compelled to write this letter to seek clarification on the status of the Inspector General of Police, Mr. Kayode Egbetokun who attained the mandatory age of 60 and 35 years in the service of the Nigeria Police and whose tenure as the Inspector General of Police came to an end by operation of law on 4th August, 2024 or thereabout.

“However, I am surprised that the said Retired Inspector General of Police who by all indications is now a civilian is still parading himself as the No. 1 Police Officer in Nigeria and still going about as the IGP with full paraphernalia of office as if he is not aware that he is now a civilian based on law.”

“I have also observed that there seems to be a constitutional conundrum brooding from this situation at hand with the contradictory provisions of Police Act 2020 in S.7 (6) and S. 18 (8),” he added.

Meanwhile, human rights activist Omoyele Sowore is standing trial in a Federal High Court in Abuja for referring to Egbetokun as an “illegal IGP” due to his extended tenure beyond the retirement age.

Egbetokun filed 16-count cybercrime charges against Sowore, focused on the “illegal IGP” comment.

Earlier today, Sowore was granted bail in the sum of N10 million, with one surety of the same amount.

The court also ruled that the surety must have verified landed property in the Federal Capital Territory (FCT), and the applicant must deposit his passport with the court and provide an affidavit of means.

On Monday, SaharaReporters reported that Egbetokun had amended his official retirement date to October 31, 2027 on the police senior officers’ staff list.

The document reveals that Egbetokun, identified with AP Number AP36613, updated his service profile on January 13, extending his tenure in the force.

A senior police source disclosed that Egbetokun manipulated the system to extend his tenure after bribing his way out of the National Assembly for the amendments bill to facilitate his elongation, raising concerns about the integrity of the Nigerian Police Force.

The source stated, “According to civil service rules, an officer retires upon reaching either 60 years of age or 35 years of service, whichever comes first. By September 4, 2024, Egbetokun had already turned 60 and should have exited the service.

“Instead, he lobbied for an extension, initially requesting six months, which would have ended in March this year. However, before the extension elapsed, he used his position to alter his service records, extending his tenure to 2027.”

“He was supposed to retire upon reaching the mandatory retirement age of 60, which he attained in September last year,” the source added.

Another source told SaharaReporters that civil service rules stipulate that an employee must retire either upon reaching 60 years of age or after completing 35 years of service, whichever comes first.

“Kayode Egbetokun reached the age of 60 but did not step down as required.

“Unfortunately, Nigeria’s civil society, at large, appears disheartened and has not given this issue the attention it deserves.

“This document, which details the hierarchy of the Nigeria Police Force from the Inspector General of Police (IGP) to the Assistant Commissioner of Police (ACP), includes seniority rankings and years of service.

“It is an extensive document. However, as the nation’s top police officer, his name is listed first, with his year of service extended to 2027. This extension, in clear violation of existing labour laws, raises serious concerns,” the source said.

Similarly, on July 23, 2024, SaharaReporters reported that the Nigerian Senate had passed a controversial amendment bill to extend Egbetokun’s tenure beyond September.

The Nigerian Senate passed the Police Act (Amendment) Bill 2024 to amend the Police Act of 2020.

President Tinubu had sent the Police Act Amendment Bill to the House of Representatives, proposing changes to the tenure of the Inspector General of Police (IGP).

SaharaReporters had reported how the bill earlier failed to gain support from stakeholders at a hearing held by the House of Representatives Committee on Police Affairs on Wednesday, June 26, 2024.

The bill, aimed at amending the Nigeria Police Act 2020, sought to increase the retirement age of police officers from 60 to 65 years and their tenure of service from 35 to 40 years.

Inside sources had told SaharaReporters that Egbetokun was behind the bill and had allocated a significant amount of funds to lobby for its passage.

However, stakeholders had expressed concerns over the bill.

The proposed extension of the service year and retirement age for police officers met with widespread criticism from key stakeholders, including the Police Service Commission (PSC), the Ministry of Police Affairs, and the National Salaries and Wages Commission during the public hearing.

SaharaReporters also learnt that senior police officers were angered by the move, which was described as selfish.

The Ministry of Police Affairs in its submission warned that implementing the extension would have unintended and far-reaching consequences, detrimental to the overall health and operations of the police force. Moreover, it would set a dangerous precedent for other agencies, such as the military and paramilitary organisations.

The ministry also argued that increasing the service years of police personnel would lead to stagnation, hindering progress and innovation within the force, while also negatively impacting motivation and adaptability.

Reacting in a statement issued after the report, Force spokesperson, Olumuyiwa Adejobi said the bill was first introduced in the 8th Assembly and was aimed at enhancing the conditions of service for police officers, not for personal gain.

He added that the tenure of an Inspector General of Police is already prescribed as four years, and the President has the sole authority to remove an IGP before the completion of their tenure.

Adejobi said the bill was originally introduced during the 8th Assembly but did not progress beyond the initial stages before the Assembly’s dissolution. 

“It is standard legislative practice to review and update laws to align with current national realities,” he said.

This news originally appeared in SAHARA REPORTERS.

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Lawyer questions legality of IGP Egbetokun’s continued stay, demands Tinubu’s response

 

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