By Our reporter
Fresh public concerns are rife over perceived moves to exploit the amendment to the Nigeria Police Act to allegedly extend the tenure of the Inspector-General of Police, IGP, Mr. Olukayode Egbetokun.
There have been reports previously of public interest across sections of the media detailing those fears of tenure extension for any IGP, which were fuelled by the amendments to the Police Act at the National Assembly.
The amendment, said to have already been passed by the National Assembly but awaiting Presidential assent, enables a sitting President to retain an IGP after serving for either 35 years or attaining 60 years.
Based on the new amendment, Egbetokun, who is expected to retire on September 4, is allegedly 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Part 111 Section 7 (6) of the Act, which repealed the Police Act Cap.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 pre-retirement leave or inform the police management of plans to do so, at least as far as public knowledge is concerned.
There are fears that the IGP and some members of his team could be waiting for President Bola Ahmed Tinubu to sign the Nigeria Police Act, 2020 (Amendment) Bill, 2024 into law, before deciding on the next line of action.
The Bill was tabled for the first time on the floor of the Senate on July 23rd, 2024, and was passed into law speedily.
It was passed for first, second and third reading on the 31st of July during the Senate’s emergency session.
The controversial amendment, which is creating tension in the police, 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.
During a debate recently in the Senate, some Senators were of the opinion that the law will modernize policing in the country.
“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,” it was argued.
A reliable source said that: “The consensus of the top echelon of the police is that 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 4th. The NPF will become more politicized.
“Most officers are feeling bad that it will lead to career growth stunt.”
Peoples Daily recalled that former President Muhammadu Buhari extended the tenure of two IGPs in office after reaching the statutory retirement age. They were Mohammed Adamu and Usman Baba.
Though the tenure extension attracted litigations, but the government was unperturbed. Egbetokun turns 60 by September and is expected to retire by civil service rule.
The amended Police Act requires IGPs to serve out their tenure of 4 years upon appointment.
If the amendment law is upheld and signed, and the President is disposed to the idea, Egbetokun may remain in office till 2027 when he will be already 63 years old.
This could deny prospective officers the opportunity to rise to the top.
Reacting to the development, a legal practitioner, Sylvia Kumtong said the move is a great injustice to younger officers.
“To me it’s a bad idea to extend the tenure of IGP against the provision of the Police Act. I feel the move for the purported amendment is driven by greed in a bit to expand their corrupt practice.
“Even if the Police Act is Amended, this present IGP is not supposed to benefit from the said Amendment.”
Similarly, Barr. Samson Wubang said, “The only law which clearly defines and stipulates the term of and duration of service of the Inspector General of Police, is the police Act.
“However, the Nigeria police force is a creation of the 1999 constitution as amended, which is the supreme law of the land. Therefore, any law or enactment affecting the Nigeria police force and its personnel must adhere to the constitution for its validity.
“Understanding this situation, the constitution clearly stated in section 215(a). The president shall appoint an inspector General of police, on the advice of the Nigeria police council and also section 216(2) of the 1999 constitution as amended before removing the inspector General of police or appointing same, the president shall consult the Nigeria police council.
“Here, the National Assembly in amending the police Act to give the president the power to extend the term of office didn’t respect in principle the position of the constitution, to act on the advice of police council.”
Peoples Daily contacted the Force Public Relations Officer, ACP Olumuyiwa Adejobi for comments via a phone call, but was not answered nor returned.
A written message was also sent to him for possible comment, but was not replied as of press time.
The message reads in part: “Good evening the distinguished Force PRO. We have a story suggesting the IGP is due for retirement September 4, but is yet to proceed on pre-retirement leave. We wonder if this position is correct or not.
“There are claims that he might push for extension, in view of the Police Act amendment yet to be signed by the President.
“Thank you for your cooperation.”
