Legal practitioner and Association of Legislative Drafting and Advocacy Practitioners secretary, Tonye Jaja, asserts that only a constitutional amendment can legitimize the appointment and tenure extension of Inspector General of Police, Kayode Egbetokun. Jaja, in a letter to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, challenged the AGF’s declaration that the IG’s continued service is lawful. Jaja argues the AGF’s position is incorrect.
The AGF initially stated Egbetokun’s appointment, effective October 31, 2023, would conclude when he reached 60 on September 4, 2024. However, before the IG’s retirement age, the Police Act was amended, allowing the office holder to complete the original four-year term under Section 7 (6) of the Act, even after turning 60. Subsequently, the AGF declared that the Police Act amendment extended Egbetokun’s tenure to October 31, 2027, completing his four-year term. Jaja, however, has appealed to the AGF to reconsider this stance.
Jaja argues that altering Sections 214, 215, and 216 of the 1999 Constitution is the only way to extend the Inspector-General of Police’s tenure. His reasoning is that the office is constitutionally created. He further cited the Fifth Alteration Act, No.37 of June 8th, 2023, which altered the constitution to provide a uniform retirement age for judicial officers, whose offices are also constitutionally established. Jaja warned that if the AGF doesn’t address this, ALDRAP will file a lawsuit at the National Industrial Court of Nigeria for clarification.
