Senior Advocate of Nigeria (SAN), Jibrin Samuel Okutepa, has raised concerns over the legality of the Inspector General of Police (IGP) remaining in office despite attaining the mandatory retirement age. In his argument, Okutepa stated:
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“There have been raging controversies as to whether the Nigerian Inspector General of Police is legally and constitutionally staying in office, having regard to the provisions of the Police Act and Public Service Rules that mandate police officers and public servants to vacate their offices upon attainment of 60 years of age or upon completion of 35 years in service, whichever is applicable.
It is a notorious fact that the current Inspector General of Police attained the age of 60 years in September 2024 or thereabout. It has been argued that, having been appointed or reappointed for a tenure of four years as IGP, he is legally qualified to remain in office. However, the Nigerian Police is a creation of the Constitution. See Section 214 of the 1999 Constitution.
The office of Inspector General of Police is also a creation of the Constitution. See Section 215 of the same Constitution. The Constitution sets out the criteria for appointing an Inspector General of Police. See Section 215(1) of the 1999 Constitution. In light of Section 215 of the 1999 Constitution, is the continued stay of the IGP after attaining 60 years of age constitutional?
The answer to this question does not require deeper thinking. It is found in Section 215(1)(a) of the 1999 Constitution, which provides that: ‘There shall be (a) an Inspector-General of Police who, subject to Section 216(2) of this Constitution, shall be appointed by the President on the advice of the Nigeria Police Council from among serving members of the Nigeria Police Force.’
The Constitution gives the President power to appoint an Inspector General of Police. However, in doing so, the President must be guided by the provisions of the Constitution. From the provisions of the Constitution above, it is clear that for the President to appoint any police officer as IGP, the police officer must be a serving officer of the Nigerian Police Force.
The President cannot appoint any police officer who, by operation of law, has ceased to be a police officer as an Inspector General of Police. It is my view that no police officer is qualified to be appointed Inspector General of Police if he or she has ceased to be a police officer by virtue of age or length of service. Any Act of the National Assembly which purports to extend the tenure of office of an Inspector General of Police who, by operation of law, ceases to be a police officer is null and void and inconsistent with Section 215 of the 1999 Constitution.
The arguments of those who labor under the legality of the National Assembly’s power to extend tenure appear to overlook the constitutionality of Section 215, which stipulates that the Nigerian Inspector General of Police must, at all material times, be a serving member of the Police Force. With profound respect, a retired police officer is not and cannot be a serving police officer eligible to be appointed Inspector General of Police.”
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