A Senior Advocate of Nigeria (SAN), Ayotunde Ogunleye, has defended the legality of Inspector General of Police (IGP) Kayode Egbetokun’s continued stay in office, asserting that the Police Service Commission (PSC) does not have the authority to retire the IGP, even if he has met the 60-year age requirement or 35 years of service.
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Speaking on Friday’s edition of Channels Television’s Politics Today, Ogunleye stated, “My opinion is that upon a proper appreciation of the law – particularly taking into consideration the amendment to the [Police] Act in 2024 and the declaration or statement or advisory issued by the Office of the Honorable Attorney General – Kayode Egbetokun, our honorable Inspector General of Police, is legitimately occupying his office. That is the law.”
The SAN’s remarks come amid criticism from Omoyele Sowore, the presidential candidate of the African Action Congress (AAC), who has repeatedly labeled Egbetokun as an “illegal” IGP. Sowore has cited public service rules, which mandate retirement at 60 years of age or after 35 years of service. However, Ogunleye dismissed Sowore’s claims, describing them as mere “opinions” that do not reflect the law.
“The court has not declared that office illegal or that the occupant is occupying it illegally. It is therefore wrong for anybody to assume the position of adjudication and make such a bold statement which is his own opinion,” Ogunleye said. He added that while Sowore is entitled to express his views under Nigeria’s freedom of expression, opinions should not be mistaken for facts or law.
Ogunleye clarified that the IGP’s position is governed by specific provisions in Section 7 of the Police Act, which supersedes the general retirement rules outlined in Section 18. “The law that is being given effect to by the Police Service Commission, which is Section 18, does not apply in terms of the tenure of the IG,” he explained.
The senior lawyer emphasized that only the President has the authority to remove the IGP, and this can only be done on the advice of the Police Council, not the Police Service Commission. He noted that removal is only permissible in cases of “gross misconduct, gross violation of the Constitution, or demonstrated incapacity to effectively discharge duties.”
Addressing the recent amendment to the Police Act, Ogunleye dismissed suggestions that the law was altered to benefit a specific individual. He explained that the amendment was part of broader security sector reforms, adding that “the direction of the government is different now under the present Administration.”
Ogunleye also criticized statements claiming the IGP’s appointment was illegal, warning that such pronouncements could undermine public institutions. “It is very wrong for any Nigerian or anybody whatsoever to make a bold statement that the office of the Inspector General of Police is illegally occupied when there is a statute that has been passed by the National Assembly that legitimately puts him in that office,” he stated.
On the four-year tenure provision introduced in the 2020 Police Act, Ogunleye explained that it was designed to ensure stability and allow IGPs sufficient time to implement meaningful reforms, addressing the previous issue of frequent turnover in the position.
The Police Service Commission had earlier directed all senior officers above 60 or with more than 35 years of service to retire. However, Ogunleye reiterated that the PSC lacks the power to enforce this directive on the IGP.
Egbetokun, who was born on September 4, 1964, was appointed as IGP in June 2023 and confirmed by the National Police Council in October of the same year. While Section 18 (8) of the Police Act 2020 aligns with civil service rules requiring retirement at 60 or after 35 years of service, Section 7 of the same Act stipulates that the IGP shall serve a four-year term.
Ogunleye’s defense of Egbetokun’s tenure highlights the legal complexities surrounding the IGP’s position and underscores the importance of adhering to statutory provisions in matters of public office.
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