RULAAC: Extension of IG Egbetokun’s Tenure ‘Act of Bad Faith’

Sunday Ehigiator

The Rule of Law and Accountability Advocacy Centre (RULAAC) has described the National Assembly’s alteration of the Police Act 2020 to extend the tenure of the Inspector-General of Police, Kayode Egbetokun, beyond his September 2024 retirement date as an act of bad faith, intended to serve selfish and political agenda rather than the best interests of the Nigeria Police, democracy, and the nation.

In a statement yesterday, signed by RULAAC’s Executive Director, Okechukwu Nwanguma, “According to the civil service rule, public servants are mandated to retire on the attainment of 60 years of age or having spent 35 years in service, whichever comes first.

“The alteration puts the statute in conflict with this rule regarding the age of retirement and years of service for the Inspector-General of Police.

Further according to him, “The Inspector-General of Police Kayode Egbetokun was appointed by President Bola Ahmed Tinubu on 19th June 2023. He was expected to retire from the Nigeria Police Force on September 4, 2024.

“This is based on the civil service rule, which stipulates that public/civil servants are mandated to retire on the attainment of 60 years of age or having spent 35 years in service, whichever one comes first.

“The alteration of the Police Act 2020 puts the statute in conflict with the civil service rule with regards to the age of retirement and years of service for the Inspector-General of Police.

“Throughout his 8 years in office, former President Buhari consistently disregarded the Constitution and the Police Act 2020, which he signed into law in September 2020. He breached the legally stipulated procedures for the appointment of the Inspector General of Police.

“The Police Act 2020 prescribed a four-year tenure for the Inspector-General of Police. It was, therefore, expected that a person to be appointed Inspector-General of Police should have no less than 4 years before his/her retirement date.

“The Police Act also required that the Police Council meets to advise the president on the appointment of a new IGP when there is a vacancy, among other roles.

“Unfortunately, former President Muhammadu Buhari, in all the appointments he made while in office, was not known to have ever convened the Police Council, but instead, single-handedly handpicked and appointed an officer of his choice as IGP even when the officer’s retirement date was far behind the stipulated tenure of office.

“One outstanding example was the appointment of the former IGP, Usman Baba, on April 6, 2021, while he was expected to retire from the police on March 1, 2023, when he attained 60 years of age.

“In appointing the current IGP, President Tinubu also followed this similar path by appointing him when he had barely 2 years to retire.

“President Tinubu was expected to avoid the wrongful, patently illegal, and unconstitutional steps of the past, which led to controversies and judicial challenges of appointments made by the president. This, unfortunately, became the norm.

“The President was expected to live by example and demonstrate his oft-repeated commitment to the rule of law and constitutionalism by ensuring that the appointment of the next IGP to replace Egbetokun who was expected to retire in the first week of September 2024 was done in total compliance with constitutional and statutory stipulations.

“The appointment was expected to have been devoid of nepotism or other forms of favouritism or partisan political considerations.

“Unfortunately, the President has continued with the anomalous practice of extension of the tenure of a ‘preferred’ IGP. The negative effect is that while his mates would retire on the due date, he remains in service and office, stagnating the rise of numerous officers under him. This is unfair. It kills morale and breeds discontent and indiscipline.

“In the past, this has also taken the form of premature retirement of Assistant and Deputy Inspectors-General of Police to fulfil the requirements of paragraphs 2 and 6, Section 7 of the Police Act 2020, which requires that officers must be no less than the rank of an AIG to be appointed Inspector-General of Police.

“President Tinubu is not known to have consulted the Police Council, which he chairs, to secure the concurrence of its members in the appointment process, as required by both the Constitution and the Police Act.

“It is appalling that politics of self-interest could be taken so far as to amend the Police Act to achieve the extension of tenure of an IGP who otherwise was due to retire and vacate office.

“It was expected that President Tinubu would avoid a repeat of the pitfalls, errors, and brazen illegalities of the past. He was looked upon as a self-acclaimed democrat to ensure that appointments were based on legal and constitutional stipulations, merit, competence, qualifications, seniority, and existing line of succession.

“The President has betrayed the hope and expectation that he would chart a refreshingly new course, in tandem with his expressed commitment to the rule of law and the undertaking he publicly gave in his inauguration address on May 29, 2023.”