IGP’s Extended Tenure: A Violation of Constitutional Provisions By Rasak Adegboyega

The recent justification by the Attorney General of the Federation (AGF) regarding the continued stay of the Inspector General of Police (IGP), Kayode Egbetokun, in office despite reaching the statutory retirement age raises critical legal concerns. While the AGF asserts that the amendment to the Police Act in 2024 provides for a four-year tenure irrespective of retirement age, this position is fundamentally flawed and unconstitutional.

Constitutional Supremacy Over the Police Act

The 1999 Constitution of the Federal Republic of Nigeria (as amended) is the supreme law of the land, and by virtue of Section 1(3), any law that is inconsistent with the Constitution is null and void to the extent of its inconsistency. The Constitution, in Section 215(1)(a) and (b), states that the appointment and tenure of the IGP shall be subject to the authority of the President but does not provide for an automatic four-year tenure. Furthermore, Section 18(8) of the Police Act, 2020, clearly stipulates that a police officer must retire upon reaching 60 years of age or completing 35 years of service, whichever comes first.

The 2024 amendment to the Police Act, which purportedly allows an IGP to remain in office beyond the constitutional retirement age, directly contradicts the Constitution. Since the Constitution is the supreme law, any law attempting to override it, such as this amendment – is invalid and of no effect.

The attempt to justify the IGP’s extended tenure through a recent amendment suggests a deliberate move to circumvent constitutional provisions to favor a particular individual. This raises serious questions about the rule of law, democratic governance, and institutional integrity. If allowed to stand, it sets a dangerous precedent where laws are amended arbitrarily to suit political interests, undermining public trust in the legal system.

The AGF’s defense of Egbetokun’s continued stay in office lacks constitutional backing. The Police Act, as a subsidiary legislation, cannot override the Constitution. Any tenure elongation that contradicts the supreme law of the land is illegal and should be challenged. Upholding constitutional provisions is essential to maintaining the credibility of Nigeria’s democratic institutions.