By Onikepo Braithwaite
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Should it Always be About Ethnicity and Religion?
It is quite sad and unfortunate, that today, everything about governance in Nigeria has been reduced to ethnicity and religion. I feel quite disgusted and disappointed; it really shouldn’t be like this.
In the past, the composition of government didn’t seem to matter. Or is it because, then, it was the Yorubas, and not the other major ethnic groups that appeared to be sidelined? For example, in 1979 – 1983, during the first term of the Second Republic, President Shehu Shagari was from Sokoto; Vice President Alex Ekwueme from Oko Town, now in Anambra; Senate President, Joseph Wayas, Obanliku, Cross River; Deputy Senate President, John Wash Pam, Plateau State; Speaker, House of Representatives, Ume Ezeoke, Nnewi, now in Anambra; Deputy Speaker, Idris Ibrahim Kuta, Minna, Niger State. The then Chief Justice of Nigeria, Hon. Justice Atanda Fatai-Williams, was Yoruba, from Lagos. Though the Chairman of the ruling Party, NPN, Chief A.M.A. Akinloye, was from Ibadan, Oyo State, the Yorubas didn’t really feature in those top leadership constitutional positions, while the Christians had more of these positions.
This scenario more or less replayed itself during the short-lived second term of the Second Republic, with a few changes that didn’t include the Yorubas, and the heavens didn’t fall! There were no complaints from the Northerners and Igbos then, and no agitation that the Yorubas had been left out, at least, not the way late Chief Ayo Adebanjo openly campaigned for an Igbo Presidency and Peter Obi in 2023. Interestingly, whether military or civilian, the North has always featured prominently in Nigeria’s leadership permutations, with little or no complaints from them, even when their kinsmen have performed glaringly badly. Meanwhile, the North has never been excluded from leadership. I’m just stating known facts.
Today, people from different ethnic groups no longer trust themselves, and all this has happened during the Fourth Republic. It is obvious that the Politicians have adopted the Machiavellian ‘Divide and Rule’ style to their own advantage, not caring how it damages Nigeria.
The Nigeria Police
Now, the story is about the Police – the resignation of former Inspector General (IG), Dr Kayode Egbetokun last week, and his replacement with Acting IG Tunji Disu (Acting IG Disu). Congratulations to Acting IG Disu!
Social media has been awash with stories about Deputy Inspector General Frank Emeka Mba (DIG Emeka), said to be the highest ranking Police Officer after the former IG, being overlooked in favour of Acting IG Disu, because he’s Igbo. Let us examine this allegation, and address some of the issues related to the appointment of an IG.
But, before I proceed, I must state categorically that, that DIG Emeka is accomplished educationally, committed, experienced, competent and well loved by many, is undeniable. That he excels in whatever he does, is also undeniable.
From the available information, it appears that DIG Emeka and Acting IG Disu, were both enlisted in the Police in 1992, and not 1994 for DIG Emeka, as is being peddled by the Ndigbo on social media, meaning that DIG Emeka is eligible for retirement on his 35th year in service in 2027, which comes about 5 years or so before he turns 60, and not 8 years as has been wrongly claimed (see Section 18(8) of the Nigeria Police Act 2020 (as amended)(NPA) and Rule No. 020810 of the Federal Public Service Rules 2009 (PSR)). However, a Yoruba Officer told me that he and DIG Emeka enlisted at the same time and were course mates; he became a Commissioner of Police in 2025.
The way promotions are done in the Police, is somewhat opaque, and it appears that there may be more details to unpack about it, but, the argument by many Igbos on social media that DIG Emeka was bypassed for the position of IG because he is Igbo, is rather shaky. In 1992, while Acting IG Disu enlisted as an Assistant Superintendent, a higher rank than DIG Emeka who enlisted as an Inspector, DIG Emeka rose to a higher rank before AIG Disu and the Yoruba Commissioner, and all the other DIGs who were enlisted at the same time as them in 1992, until AIG Disu’s recent appointment as Acting IG.
The Law
Subject to Section 216(2) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) which provides that the Nigeria Police Council (NPC) established by Section 153(1)(l) of the Constitution, must be consulted before an IG is appointed or removed, Section 215(1) thereof provides that the President shall appoint the IG from serving members of the Police on the advice of the NPC.
Section 7(2) of the NPA provides inter alia that, the IG shall be chosen from the rank of not less than Assistant Inspector General (AIG) (also see Section 7(3)). This provision clearly evinces the fact that, the appointment of an IG is not by hierarchy and seniority; the condition precedent is that the candidate must be an AIG, meaning that every AIG and DIG is eligible, and if the choice is an AIG, such candidate may have AIGs senior to him/her, and certainly, DIGs ahead. It is obvious that, the argument of those who have asserted that DIG Emeka was passed over because of his ethnicity, isn’t supported by law, but by emotions and the habit of attributing everything to tribe and religion.
Section 7(6) of the NPA provides that the IG’s tenure shall be four years, while a new Section 18(8A) thereof was added in 2024, allowing an IG who is eligible for retirement before his/her tenure is complete, to complete their four year tenure, notwithstanding.
It is clear that though it is mandatory that the President seeks the counsel of the NPC in appointing or removing an IG, it is not mandatory that the President acts on the NPC’s advice; the final decision as to the choice of IG remains with the President. This is constitutional and lawful, and he is only bound to appoint someone that is at least an AIG.
Compulsory Retirement: Jitoboh’s Case and Supreme Court Decisions
The other issue, is the unholy convention of compulsorily retiring Officers who aren’t eligible for retirement, because their junior has been appointed as the Head. The Police Service Commission (PSC) established by Section 153(1)(m) is empowered to appoint, remove and exercise disciplinary control over every Police Officer except the IG (see the Third Schedule to the Constitution Part 1 M – Police Service Commission Paragraph 30(a) & (b)). If at all, in such circumstances, the Officers should be the ones to decide whether they want to stay or go.
In Suit No. NICN/ABJ/274/2023 Moses Ambakina Jitoboh v Police Service Commission Judgement delivered on 13/1/25 per O.A. Obaseki-Osaghae (Jitoboh’s case), the compulsory retirement of the Claimant, Jitoboh, as DIG before he reached the mandatory retirement age of 60 or 35 years in service, was declared to be wrongful, unlawful, null and void, in violation of Rule No. 020810 of the PSR and Section 18(8) of the NPA. Consequently, the court set aside the compulsory retirement, and the Claimant was reinstated into the Nigeria Police Force until his eligibility for retirement. An order for general damages in the sum of N50 million, was also made. The judgement in Jitoboh’s case, was guided by settled principles laid down in a plethora of Supreme Court decisions.
Obaseki-Osaghae held that the policy of compulsory retirement of Officers senior to the IG, has no force in law, and that seniority was not evidence of any wrongdoing on the part of the Claimant (that would warrant compulsory retirement). The court stated that, it was imperative that the PSC shows where it derives it powers to compulsorily retire a public officer that has no blemish before the constitutional/statutory mandatory retirement age. Her Lordship cited the case of Psychiatric Hospital Management Board v Ejitagha (2000) LPSLR-2930(SC) per Samson Odemwingie Uwaifo, JSC where the Supreme Court held that “It is well settled that a public body invested with statutory powers such as those conferred upon the corporation, must take care not to exceed or abuse its powers. It must keep within the limits of the authority committed to it. It must act in good faith. And it must act reasonably”. From the foregoing, the PSC would be acting without lawful authority and ultra vires its powers, if it compulsorily retires the Officers who were previously senior to AIG Disu – see Moses Ambakina Jitoboh v Police Service Commission (Supra).
Police employment enjoys constitutional and statutory flavour, and it is trite that such employment can only be terminated in accordance to the laws that provide for them; the PSC cannot override the PSR or NPA. See Comptroller-General of Customs & Ors v Gusau (2017) LPELR-42081(SC) per Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC (now CJN), Ejembi Eko, JSC; Musa Dattijo Muhammad, JSC (also cited by Obaseki-Osaghae J.) where the Supreme Court held inter alia that the PSR doesn’t support unilateral and arbitrary termination of employment. That: “The effect of a party terminating a contract of service governed by regulations, rules or statutory instrument, is that such arbitrary or unilateral termination is invalid and ineffectual”.
The courts have also copiously held that, the remedy for such unlawful compulsory retirement is reinstatement. In Shitta-Bey v Federal Public Service Commission (1981) LPELR-3056(SC) per Chukwunweike Idigbe, JSC, the Supreme Court held inter alia thus: “…..although his termination and retirement were declared “invalid, null and void” and so, in law, he was never legally terminated or retired from his employment, there had been a de facto termination or removal from office. In the words of Tucker, J., “reinstatement involves putting the specified person back in law and in fact, in the same position as he occupied in the undertaking before the employer terminated his employment”.
Conclusion
The sum and substance of Jitoboh’s case and the plethora of Supreme Court decisions, is that any policy or convention that seeks to compulsorily retire Police Officers simply because their junior has been elevated to the highest rank, over and above them, is unlawful and invalid. Just like Acting IG Disu, former IG, Mike Okiro (South South), DIG Celestine Okoye (South East), DIG Michael Ogbeizi (South South) and DIG Joshak Habila (North Central) were double promoted, from Commissioner to DIG. Those who they overtook, weren’t compulsorily retired.
Compulsory retirement in the circumstances described above, also translates to a waste of valuable and experienced human resources. When Ibrahim Idris Kpotum was appointed as IG by late President Muhammadu Buhari, GCFR in 2016, it is reported that about 7 DIGs and at least 20 AIGs were compulsorily retired. Some Officers had several years to retirement, and their careers were truncated abruptly. All their training, knowledge and experience, down the drain – a waste of Nigeria’s resources used to train them too.
Apart from the fact that in a so-called democratic setting such as ours the rule of law must always prevail, and from the aforementioned authorities cited, compulsorily retiring Officers not ripe for retirement amounts to a blatant disregard for the rule of law, Nigeria is battling with a serious insecurity problem, where all hands are required to be on deck. I read somewhere that the Nigerian Army has requested that Officers who are ripe for retirement, should continue in service for now. It then seems bizarre and at cross purposes that, at a time like this, the compulsory retirement of Police Officers not ripe for retirement, would even be a topic of conversation, let alone under consideration. The duty of the Police is protecting the lives and property of all in Nigeria (see Section 4 of the NPA), and as it is, Nigeria is under-policed (see the recommended United Nations Police to Citizen Ratio).
I thought I read somewhere that President Tinubu, GCFR, is against the compulsory retirement of senior Officers, on account of Acting IG Disu’s promotion. If so, the President has taken the correct position, in accordance to the rule of law.
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