The recent directive by the Police Service Commission (PSC) mandating the immediate retirement of senior police officers who have either served for over 35 years or are above 60 years of age has sparked a legal debate, with Senior Advocates of Nigeria (SANs) offering divergent views on the matter.
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The controversy stems from the tenure extension of Inspector General of Police (IGP) Kayode Egbetokun, who continues to serve despite having reached the retirement age of 60.
Kunle Adegoke SAN noted that while the PSC’s directive does not explicitly violate constitutional provisions, its legality remains subject to judicial interpretation. He explained that the general rule of appointment and reappointment allows the appointing authority to extend an official’s tenure unless explicitly prohibited by statute.
“Where a specific tenure is provided by law, it may not be within the power of the appointor to extend it, except where a second term is allowed. However, in cases where the law does not expressly prohibit reappointment or tenure elongation, the general rule is that what is not forbidden is permitted,” Adegoke stated.
He also distinction between civil service regulations and the laws governing the police and military, emphasizing that the latter operate under special rules. “Members of the armed forces, police, and paramilitary organizations have special rules guiding their appointments and tenures. They are not necessarily bound by the general civil service regulations,” he added.
Adegoke maintained that testing the matter in court would be beneficial, as it would help establish a clear legal precedent on the issue.
Monday Ubani SAN, a former chairman of the Nigerian Bar Association’s Section on Public Interest and Development Law, argued that the IGP’s tenure extension is backed by an Act of Parliament, which takes precedence over civil service rules.
“The Police Act itself defined the powers of the IGP and its tenure. They amended it. It says that the four-year tenure runs irrespective of your age. In other words, even if you have attained 60 years, by that act itself, you can now extend your tenure beyond the years you have clocked biologically,” Ubani explained.
He emphasized that in any legal conflict between civil service rules and an Act of Parliament, the latter prevails. However, Ubani called for public discourse and democratic debate on the matter, cautioning against the suppression of dissenting opinions.
“I wouldn’t like a situation where you publicly arrest someone like Sowore because he expressed his view. For the fact that he says you are an illegal I.G. does not invalidate the law. It shows that we are in democracy,” he said.
Ifeday Adedipe SAN also supported the legality of IGP Egbetokun’s tenure extension, referencing a law signed by former President Muhammadu Buhari in 2020. He argued that the current administration is correctly applying the law.
“To the extent that the law was properly passed by the National Assembly and validly assented to by the executive, then the extension is valid. There is nothing whimsical or dictatorial about it,” Adedipe stated.
He expressed concern over the frequent turnover of IGPs, noting that it disrupts continuity and weakens the efficiency of the police force. “One of the things I worry about is this high turnover of Inspectors General of Police—one year, two and a half years, six months. The police will not develop a strong culture if leadership keeps changing so frequently,” he said.
Adedipe cited examples from the United States, where long-serving leadership in judicial and executive institutions fosters consistency and a recognizable administrative legacy. He urged the Nigerian government to prioritize institutional stability by allowing key officials, such as the IGP, to serve longer terms.
“If someone is appointed Inspector General of Police, let him serve for five or six years. That way, we can assess his leadership properly, rather than removing people arbitrarily to satisfy political interests,” he concluded.
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