The Attorney General of the Federation, Lateef Fagbemi, on Thursday defended the continuous stay of the Inspector General of Police, Kayode Egbetokun, in office, saying it is legal and lawful.
Fagbemi, who is also the Minister of justice, disclosed this in a statement he personally signed.
The clarification came amid prosecution of rights activist Omoyele Sowore by the police for referring to Egbetokun as an “illegal IGP”.
The attorney-general, who was apparently responding to Sowore’s claim, which was fast gaining traction since his prosecution began, admitted that Egbetokun ought to have left office in September 2024 when he attained 60 years but for an amendment to the Police Act.
Fagbemi said the amendment secured a four-year tenure for the occupant of the IGP office.
“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 4th day of September 2024,” Fagbemi wrote in a statement on Thursday.
He added, “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.”
The referenced section 7(6) of the Act states that “any person appointed to the office of the Inspector-General of Police shall hold office for four years.”
Why the controversies?
Recall that in July 2024, the Senate passed the Police Act Amendment Bill.
The bill created a new Section 18(8A) of the Police Act that gave IGPs special civil service rights and enforced section 7(6) of the Act.
In the principal Act, Section 18(8) states: “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.”
But the newly introduced section stated, “Notwithstanding the provisions of sub-section (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.”
According to the presidency which sponsored the bill, the amendment aimed to guarantee the tenure of the IGP and revolutionise police operations by enhancing accountability, modernising policing methods and fostering a more harmonious relationship between the police and the community
Five months ago, a public interest organization, Human Rights Monitoring Agenda (HURMA), had threatened to sue President Bola Ahmed Tinubu if he signed the amended Nigeria Police Act 2020 bill, which stipulates the completion of the IGP’s term, among other provisions.
The group argued that Egbetokun, who is set to retire in September 2024, ought to proceed on terminal leave and hand over to another credible officer in an acting capacity before the appointment of a substantive Inspector General of Police, in line with the provisions of Section 215(1) of the 1999 Constitution of the Federal Republic of Nigeria.
