New law to extend IGP’s tenure sparks tension in police

 

Tension is building up at the Nigeria Police Force (NPF) headquarters in Abuja over a growing plot to use the amendment to the Nigeria Police Act to extend the tenure of the Inspector-General of Police, Mr. Olukayode Egbetokun.

According to the new amendment, a President can decide to retain an IGP after serving for either 35 years or attaining 60 years of age.

The amendment further links the tenure of an IGP to the four-year term of his or her appointment as stipulated in the letter given to him or her by the President.

If the spirit and letter of the new amendment are followed, Egbetokun, who is expected to retire on September 4, may have his tenure elongated. Already, there are allegations that he is lobbying to remain in office.

Part 111 Section 7 (6) of the Act, which repealed the Police Act, Cap. P19, Laws of the Federation of Nigeria, 2004, prescribed a four-year single tenure for a person appointed to the office of the IGP, subject to the provisions of clause 18 (8), which stipulates that every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for 35 years or until he attains the age of 60 years, whichever is earlier.

Egbetokun, who will be 60 on September 4, is yet to proceed on compulsory pre-retirement leave or inform the Police Service Commission of his plans to quit.

Daily Sun gathered that the IGP and some of his supporters are waiting for President Bola Ahmed Tinubu to sign the Nigeria Police Act, 2020 (Amendment) Bill, 2024, into law.

The Bill was tabled for the first time on the floor of the Senate on July 23, 2024. It was passed into law swiftly, in record time.

It was passed for first, second and third reading on July 31, during the Senate’s emergency session.

The contentious amendment, which is creating fear and tension in police hierarchy, was the inclusion of Section 18(8A) by both the Senate and the House of Representatives.

Section 18(8A) of the Nigeria Police Act 2020 was amended as follows: “Notwithstanding the provisions of subsection (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.”

In a lead debate in the Senate, the Senate Leader, Michael Opeyemi Bamidele (Ekiti Central), claimed that the law would modernise policing in the country.

He had said: “The Bill aims to revolutionize police operation by enhancing accountability, modernizing policing method and fostering a more harmonious relationship between the police and the community.”

Multiple sources within the force, who spoke in confidence, said: “The consensus of the top echelon of the police is that the IGP shouldn’t benefit from the amendment at the twilight of his tenure. A law shouldn’t be for an individual but for the society.

“President Bola Ahmed Tinubu should uphold the retirement conditions in the NPF as the case with the judiciary. Even if a Chief Justice of the Federation spends a month in office, he retires at the statutory age. It is not how long an IGP stays in office that determines his or her efficiency. We should not encourage sit-tight syndrome.

“Our officers believe it is morally indefensible and a bad precedent for the police force for IGP Egbetokun to earn extension of tenure of two years and seven months from September 4. The NPF will become more politicised. Most officers are feeling bad that it will lead to career growth stunt.”

Former President Muhammadu Buhari had extended the tenure of two IGPs in office after they attained the compulsory retirement age. They were Mohammed Adamu and Usman Baba. But the tenure extension attracted litigations.

According to information made available to Daily Sun, those likely to succeed him and others due for retirement are Deputy Inspectors-General of Police Bala Ciroma (3/3/2025); Emeka Frank Mba (18/5/2027); Sylvester Abiodun Alabi (31/12/2024); Daniel Sokari-Pedro (18/12/2024); Ede Ayuba Ekpeji (21/10/2024); Bello Makwashi Maradun (25/12/2024); Dasuki Danbappa Galadanchi (3/3/2025); and Sahabo Abubakar Yahaya (15/9/2025).

Meanwhile, Human Rights Monitoring Agenda (HURMA) has urged President Tinubu to follow due process and the laid-down rules in retiring Egbetokun.

HURMA urged the Tinubu-led administration to shelve the tenure extension plan as failure to do so may cause the human rights organization to seek redress in court, adding that the administration of the present police chief has been marred with disregard for the rule of law and an abysmal failure to defend the oppressed and common man.

Speaking to journalists in Lagos at the weekend, executive director of HURMA, Comrade Buna Olaitan, noted that the organisation was at the fore front of protecting the violation of the fundamental rights of humans as entrenched in the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the African Charter of Human and Peoples’ Rights. He urged President Tinubu to retire the IGP according to stipulated laws.

“The president has the exclusive right in appointing and removing of the IGP, which is presently occupied by Mr. Egbetokun.

“The office of the IGP is highly strategic for the survival of a nation because of the statutory powers he exercises over full command and operational control of the police and all its departments and units.

“We respectfully draw your attention to the fact that the police as an institution, among other responsibilities, exercise the power of coercion to enforce court judgments of all courts in Nigeria, to detect crime and maintain law and order on behalf of the state.

“Egbetokun was appointed as IGP in 2023, to hold office till his retirement upon 35 years in service or attainment of the age of 60. By Egbetokun’s official records, he is due for retirement by the month of September 2024 when he attains the age of 60, having been born on the 4th day of September, 1964.

“Our concern is that Egbetokun should have proceeded on his terminal leave and handed over to another credible officer to hold fort in acting capacity before the appointment of a substantive IGP, in line with the provision of Section 215(1) of the Constitution of Federal Republic of Nigeria, 1999 (as altered).

“It is amazing to note the overzealousness of the members of the National Assembly in passing a Bill to amend the Nigeria Police Act, 2020, to accommodate extension of Egbetokun’s stay in office despite the attainment of mandatory 60 years of age.

“We have a serious ground to doubt the democratic credentials and loyalty of our lawmakers to the Nigerian people because of the jet speed they used in passing the amendment bill without public hearings.

“The amendment bill of Police Act, 2020, is full of flaws having regard to the procedure embarked upon by the National Assembly in passing it to law. This law, if assented to by Mr. President, is liable to be nullified in a court of competent jurisdiction, if and when challenged by us as patriotic Nigerians.

“Based on the foregoing, we urge Mr. President to abide by the Oath of Office sworn upon becoming the President of all Nigerians. In line with the Oath of Office “that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will,” we plead with the President to use his enormous constitutional powers to save the Nigeria Police from the internal conspiracy and disloyalty among the officers, rank and file of the force that may arise as a result of compromise of career progression, particularly, at a time like this that our great country is very fragile. The best decision for Mr. President in this circumstance is to withhold his consent to the Amendment Bill of Police Act, 2020, passed by the National Assembly, as it is self-serving and unpatriotic.

“The police force, as one of the pillars of democratic institutions, should not be left in the hands of manipulators being driven by the private ambition of an individual who has exhausted all his possibilities in commanding the Nigeria Police.

“The record of performance of Mr. Egbetokun is so abysmal that his continuation in office as number one police officer will be a disservice to the country. He has not demonstrated any resourceful capacity to run a modern police command structure in a heterogeneous country like Nigeria. Simply, what Mr. Egbetokun has been doing is to toe the decadent line of his predecessors in office.

“It is a violation of the law of the land to bend the law to serve the interest of an individual to remain in office. More importantly, the Amendment Bill of Police Act, 2020, cannot take a retroactive effect to enable Mr. Egbetokun benefit with the flawed amendment process, except Mr. President wants to circumvent the due process of law.

“Mr. President has demonstrated strength of character in the most recent seamless and noiseless succession plans of the Head of Service of the Federation and the Chief Justice of the Federation. We state that there should not be an exception to the police institution.

 

“Our organization has written Mr. President to register our complaint against the untidy Amendment Bill of Police Act, 2020, passed by the National Assembly without public hearing, in line with extant rules, and we have notified Mr. President about our intention to approach a court of competent jurisdiction in ventilating our grievances to ensure justice in the process of appointment of the Inspector-General of Police.”

Meanwhile, Barrister Lekan Alabi, the chairman of board of trustees of HURMA, said it was crucial for Nigerians to challenge any illegalities by the National Assembly.

He said, “We have brilliant and intelligent officers across the country who can take over from him and from different ethnic group. It is not compulsory for him to be in office.

“If he needs another job, Mr. President can decided to offer him job, or security adviser, it’s not mandatory he must remain in that office. There are a lot of other brilliant officers in the NPF.”

Credit: The Sun