The recent justification for the extended tenure of the Inspector-General of Police (IGP), Kayode Adeolu Egbetokun, beyond his statutory retirement age raises serious constitutional and legal concerns.
While the Nigeria Police Act, 2020, prescribes a four-year tenure for the IGP, this provision cannot override the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Public Service Rules (PSR), which govern the retirement of public officers, including police officers.
1. The Supremacy of the Constitution
Section 1(3) of the 1999 Constitution provides:
“If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”
The Constitution, in Section 215(1)(a), empowers the President to appoint an IGP from among serving members of the Nigeria Police Force. However, it does not prescribe a fixed tenure, meaning the appointment is subject to existing service regulations, including retirement provisions.
2. Mandatory Retirement Under Public Service Rules
According to the Public Service Rules (PSR) 020810, all public servants, including members of the police force, are required to retire upon reaching:
60 years of age, or
35 years of pensionable service,
whichever comes first.
The IGP, like all other police officers, is bound by this rule. Once an officer attains the statutory retirement age, their continued stay in office becomes unlawful. The extension of an IGP’s tenure beyond this age is, therefore, a direct violation of the Public Service Rules.
3. The Legal Flaw in the Police Act’s Four-Year Tenure Provision
While Section 7(6) of the Police Act, 2020 states that “the person appointed to the office of the Inspector-General of Police shall hold office for four years,” this provision cannot override the Constitution or the Public Service Rules.
Furthermore, Section 18(8) of the same Police Act reinforces the mandatory retirement rule by stating:
“Every police officer shall, on reaching the age of 60 years or 35 years of service, retire from the Nigeria Police Force.”
This means that no officer, including the IGP, can remain in service beyond the statutory retirement threshold. Any interpretation suggesting that the Police Act allows an IGP to serve beyond this limit contradicts the Act itself and is, therefore, legally untenable.
4. The Dangerous Precedent and Its Implications
The attempt to extend the tenure of an IGP beyond the mandatory retirement age sets a dangerous precedent for public service administration in Nigeria. It undermines the principle of equity, fairness, and legal certainty by creating a privileged class of officers whose service tenure is arbitrarily extended while others retire mandatorily.
Moreover, it disrupts institutional succession planning within the police force, preventing competent and eligible officers from rising through the ranks. This fosters discontent within the system and weakens professionalism.
5. The Need for Constitutional Compliance
If tenure security for the IGP is deemed necessary, the proper approach is constitutional amendment, not a conflicting statute or executive discretion. The Constitution remains the supreme law of the land, and any policy or legislation that conflicts with it is void and unenforceable.
Conclusion
The extension of IGP Egbetokun’s tenure beyond his retirement age is unconstitutional, illegal, and contrary to established public service regulations. No provision in the Police Act or any other statute can lawfully permit an IGP to remain in office after attaining the mandatory retirement age. The rule of law demands strict adherence to the Constitution and the Public Service Rules, and any action taken in violation of these provisions should be challenged and declared null and void.
Nigeria’s democracy and public institutions must not be subjected to political manipulations that undermine legality and institutional integrity. The law must be followed, and public offices must not be held in perpetuity under any guise.
Samuel ihensekhien JNR