A lawyer based in Abuja has initiated legal proceedings against President Bola Ahmed Tinubu and the Nigeria Police Council in the Federal High Court, contesting the alleged extension of Inspector General of Police (IGP) Kayode Egbetokun’s tenure beyond the legally mandated period.
Maxwell Opara, who specializes in Public Interest Litigation and Human Rights, has raised concerns regarding the legality of Egbetokun’s extended service under the revised Police Act. His lawsuit seeks a judicial order to prevent Egbetokun from serving as IGP, whether independently or with the aid of his subordinates.
The case lies on the assertion that, per Section 9 of Chapter 2 of the Public Service Rules 2023, Egbetokun, as a public servant, is required to retire upon reaching the age of 60 or completing 35 years of service, whichever occurs first.
The defendants in the case include Egbetokun, the Nigeria Police Force, the Nigeria Police Council, the President of the Federal Republic of Nigeria, and the Federal Civil Service Commission.
In his legal action, Opara is also urging the court to clarify if the positions held by the Federal Executive Bodies, outlined in Section 153 of the 1999 Constitution of Nigeria (as amended), are classified under the Federal Public Service.
Key questions raised in the lawsuit include:
– Are officers of the bodies listed in Section 153 of the 1999 Constitution subject to the Public Service Rules?
– According to Section 9 of Chapter 2 of the Public Service Rules 2023, does the compulsory retirement age for the first defendant occur at age 60 or after 35 years of pensionable service?
– Is a formal notification of appointment termination necessary when the law specifies a termination timeframe?
– Can an appointment that ends by law be revived by a subsequent amendment?
– Upon reaching the retirement age set by public service rules, can the first defendant continue in office?
Upon addressing these issues, the plaintiff seeks several declarations:
– That the offices of the Federal Executive Bodies listed in Section 153 of the 1999 Constitution are indeed public service roles.
– That officers in these positions must adhere to the Public Service Rules.
– That the compulsory retirement age for the first defendant is set at 60 or after 35 years of service.
– That once an appointment is terminated by time, no formal notification is required.
– That a legally terminated appointment cannot be revived by later amendments to the law.
– That the first defendant must vacate his position upon reaching the age of 60 on September 4, 2024, as outlined by public service regulations.
– That only currently employed, non-retired police officers qualify for the role of Inspector General of Police.
This legal challenge raises significant questions about administrative practices and the adherence to statutory regulations within Nigeria’s law enforcement structure.
