“Egbetokun’s Tenure as IGP is Legal”, Says Senior Advocate

Debates have persisted over the legality of Inspector General of Police (IGP) Kayode Egbetokun’s tenure, with many arguing that since he is over 60 years old, he ought to have retired. However, Senior Advocate of Nigeria (SAN) Ayotunde Ogunleye insists that Egbetokun’s stay in office is legally justified. Speaking on Channels Television’s Politics Today on Friday, Ogunleye dismissed claims questioning the IGP’s continued service, emphasizing that the law supports his position.

“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,” he said. “That is the law.”

One of the most vocal critics of Egbetokun’s tenure has been African Action Congress (AAC) presidential candidate Omoyele Sowore, who has repeatedly labeled his stay in office as “illegal.” Sowore cites Nigeria’s public service regulations, which set the retirement age for public servants at 60 years or after 35 years of service.

However, Ogunleye dismissed these assertions as mere opinions, stressing that no court has declared Egbetokun’s tenure illegal. “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,” the SAN 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.”

The Police Service Commission (PSC) had previously directed all senior officers above 60 years or those who had served more than 35 years to retire. However, Ogunleye argued that the PSC does not have the authority to enforce retirement on the IGP.

Egbetokun was appointed as IGP in June 2023 and was officially confirmed by the National Police Council in October of that year as the substantive police chief.

While Section 7 of the Police Act 2020 stipulates that an IGP shall serve a four-year tenure, Section 18 (8) of the same Act aligns with the general civil service rule requiring retirement at 60 years or after 35 years of service. Egbetokun, born on September 4, 1964, reached the retirement threshold in September 2024, raising questions about his continued service. However, legal interpretations, including the 2024 amendment to the Police Act, have provided grounds for his tenure’s legitimacy.