Amid ongoing debates about the legality of Inspector General of Police (IGP) Kayode Egbetokun’s continued stay in office, Senior Advocate of Nigeria (SAN) Ayotunde Ogunleye has stated that the IGP’s tenure is legally binding.
Ogunleye’s comments come in response to criticisms from various quarters, including Omoyele Sowore, the presidential candidate of the African Action Congress (AAC), who has repeatedly described Egbetokun as an “illegal” IGP.
Speaking on Channels Television’s Politics Today on Friday, Ogunleye clarified that Egbetokun’s position is legitimate based on a proper interpretation of the law. He referenced the 2024 amendment to the Police Act and an advisory from the Office of the Attorney General to support his argument. “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,” Ogunleye said. “That is the law.”
Sowore and other critics have argued that Egbetokun, who was born on September 4, 1964, should have retired in September 2023 when he turned 60, in line with the Public Service Rules that mandate retirement at 60 years of age or after 35 years of service. However, Ogunleye dismissed these claims, emphasizing that Sowore’s statements are opinions and not legal rulings. “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 stated. “Mr. Sowore is entitled to express his opinion because there is freedom of expression in Nigeria. But what we should not do is to mistake our opinions and use them to replace facts and law because that would in itself be wrong.”
Egbetokun was appointed as IGP in June 2023 and confirmed by the National Police Council in October 2023. Section 7 of the Police Act 2020 stipulates that an IGP shall serve a four-year term. However, Section 18 (8) of the same Act aligns with the civil service rule, requiring retirement after 35 years of service or upon reaching 60 years of age. Despite this, Ogunleye argued that the Police Service Commission (PSC), which recently directed senior officers above 60 or with over 35 years of service to retire, does not have the authority to retire the IGP.
Ogunleye’s defense of Egbetokun’s tenure highlights the complexities of Nigeria’s legal and administrative frameworks, particularly regarding public service retirement rules and the tenure of high-ranking officials. As the debate continues, the IGP’s position remains secure unless a court rules otherwise.
