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Police react to Sowore’s stance that Egbetokun is ‘illegal IGP’

THE Nigeria Police Force (NPF) has refuted claim by human rights activist Omoyele Sowore alleging that the inspector-general of police (IGP), Kayode Egbetokun, continued stay in office is illegal.  

The NPF described the claim as “baseless and misleading.”

Sowore, the presidential candidate of the African Action Congress (AAC) in the 2023 election, has maintained that the tenure of the IGP is illegal.

The ICIR reports that President Bola Tinubu appointed Egbetokun as acting IGP’ in October 2023, pending his confirmation by the National Assembly.

The appointment took effect on 31st of the same month.

Egbetokun should have left office on September 4, 2024, the day he clocked 60.

Rather than allow him to go, the Tinubu-led Federal Government pushed a bill for the amendment of the Police Act, which consequently paved the way for the IGP’ to remain in office for four uninterrupted years, meaning he will quit office in October 2027.

Many citizens who opposed this speedy amendment of the Police Act by the National Assembly claimed the move was to aid Tinubu, who is likely to seek a second term and use Egbetokun and the entire police to his advantage in the 2027 presidential poll, before Egbetokun’s tenure will elapse.

The ICIR reports that Egbetokun was Tinubu’s chief security officer when he was Lagos State Governor in 1999.

He was promoted as deputy inspector-general of police shortly after Tinubu’ won the February 25, 2023 presidential election, with many Nigerians suspecting he could be the next IGP’ because of his closeness to Tinubu.

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Given Sowore stance on the IGP,  he was formally charged by the police for alleged cyberstalking and false publication against the IGP on Tuesday, January 28.

The charges, filed at the Federal High Court in Abuja and shared by Sowore’s handle on X showed that the lawsuit stemmed from Sowore’s posts on X, where he was said to have referred to Egbetokun as an “illegal IGP.”

According to the charge sheet seen by The ICIR, the police accused Sowore of making statements capable of causing a breakdown of law and order. 

Sowore, in a fresh post on his Facebook handle on Thursday, January 30, insisted that the IGP’s tenure is illegal when he wrote, “It is reported that Kayode Egbetokun, Nigeria’s Illegal Inspector General of Police, has hurriedly left a conference in Rwanda to return to Nigeria to address concerns by police cadres regarding his continued unjust, unfair, and illegal occupation of the office of the IGP beyond the expiration of his tenure in 2024, having served for 35 years and also attained the age of 60. The straightforward solution is to retire and allow others to rise through the ranks.”

The police stand

However, in a statement issued on Thursday and signed by police spokesperson, Muyiwa Adejobi, the NPF said Sowore’s claim was unfounded and sought to undermine the legitimacy of the IGP’s appointment as well as public confidence in the police.

It referred to Part III, Section 7 (6) of the amended Police Act, 2020 which states, “The person appointed to the office of the inspector-general of police shall hold office for four years.”

This is against the previous law which mandated the IGP’ to retire immediately he clocked 60 years or had served for 35 years.

The police said Egbetokun’s tenure was ratified by the Police Council, and he had received the requisite confirmation letter from the presidency, validating his tenure from October 31, 2023, to October 31, 2027.”

It added, “In line with the provisions of Section 8A of the executive bill passed, which amended the Police Act, clearly stating that “Any person appointed to the office of inspector-general of police shall remain in office until the end of term stipulated in the letter of appointment in line with the provisions of Section 7(6) of this Act.”

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According to the police, this amendment aims to provide stability and continuity in the leadership of the Nigeria Police Force, enabling the IGP to implement long-term plans and policies without fear of abrupt termination.

“It is crucial for members of the public to be aware that IGP Egbetokun’s status as the 22nd indigenous inspector-general of police is both legally and procedurally sound,” the NPF stated.

The police said it viewed Sowore’s claim as an attempt to erode public trust and foster confusion regarding the force’s leadership.

The Force cautioned individuals and groups against perpetuating such “unfounded narratives that could mislead the public and jeopardise national security.”

.Controversy over IGP’s

The controversy about the tenure of the IGP didn’t start with the current police boss. Egbetokun’s predecessor, Usman Baba, was not in any way different.

Baba clocked 60 years old in March 2023 and attained the mandatory 35 years of service but he remained in office till Tinubu removed him and appointed Egbetokun as his replacement three months later.

The Police Act Amendment Bill

In July 2024, the National Assembly passed a Bill for the IGP to complete a four-year tenure.

The Police Act Amendment Bill was passed to enable a person appointed to the office of the IGP to remain in office until the end of the term stipulated in the letter of appointment.

Tinubu forwarded the bill to the House of Representatives and Senate to amend the tenure of the IGP.

According to Section 18(8) of the Police Act 2020, Egbetokun, who was born on September 4, 1964, was expected to retire in September 2024, when he will be 60 years old.

Specifically, Section 18(8) of the new Act states: “Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for 35 years or until the age of 60 years, whichever is earlier.”



But while the Police Act pegs the retirement age of police officers at 60 years of age or 35 years of service, another section of the bill also pegs the tenure of the IG at four years.

The controversial amendment, which caused outrage, was the inclusion of Section 18(8A), which gives IGPs special civil service rights and enforces Section 7 of the Act.




     

     

    Part III, Section 7 (6) of the Act, which repealed the Police Act Cap. P19, Laws of the Federation of Nigeria, 2004, prescribed a four-year single tenure for a person appointed to the office of the IG subject to the provisions of clause 18(8).

    Section 18(8A) of the Nigeria Police Act 2020 was amended as follows: “Notwithstanding the provisions of subsection (8) of this section, any person appointed to the office of Inspector-General of Police shall remain in office until the end of the term stipulated in the letter of appointment in line with the provisions of Section 7(6) of this Act.”

    The amendment implies that once a police officer is appointed as inspector general, they must serve a four-year term, regardless of their age or years of service

    Some human rights activists like Sowore have, however, kicked against  Egbetokun enjoying the new term limit.

    Bankole Abe

    A reporter with the ICIR
    A Journalist with a niche for quality and a promoter of good governance

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