Controversial IGP Egbetokun tenure extension sparks national outrage

Nigeria, a nation that claims to uphold democratic principles, finds itself at a crossroads as the cornerstone of any true democracy—the rule of law—is increasingly undermined.

The recent decision by the National Assembly to approve an executive-backed bill extending tenure of the Inspector General of Police (IGP), Kayode Adeolu Egbetokun, Ph.D., NPM, has sparked nationwide controversy, raising concerns over the erosion of institutional integrity, the violation of legal frameworks, and the deepening culture of political favoritism.

President Bola Ahmed Tinubu appointed Mr. Egbetokun as IGP in June 2023, citing Section 215(1)(a) of the 1999 Constitution (as amended), which states:

“There shall be an Inspector General of Police who, subject to Section 216(2) of this constitution, shall be appointed by the president on the advice of the Nigerian Police Council from among serving members of the Nigerian Police Force.”

According to Section 7 of the Police Act 2020, an IGP serves for four years. Additionally, Section 18(8) of the same Act outlines the general retirement conditions:

“Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for 35 years or until he attains the age of 60 years, whichever is earlier.”

Similarly, Rule 0208010 of the Federal Government Public Service Rules mandates compulsory retirement at 60 years of age or 35 years of service, whichever comes first.

IGP Egbetokun, born on September 4, 1964, reached the retirement threshold in September 2024. Given that he does not fall under the exceptions provided for judicial officers and university academics, he was legally bound to retire.

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However, the presidency and the National Assembly disregarded these legal provisions to extend his tenure, setting a dangerous precedent for governance in Nigeria.

The National Assembly, comprising the Senate and House of Representatives, serves as the guardian of democracy. Its constitutional responsibilities include legislation, oversight, and acting as a check on the executive branch.

Section 4(1) of the 1999 Constitution (as amended) states:

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“The Legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.”

Further, Section 4(2) affirms that the National Assembly has the power to enact laws for the peace, order, and good governance of the federation. Yet, despite these powers, the current legislature has turned itself into a mere rubber stamp for executive decisions.

On July 23, 2024, in an unprecedented legislative maneuver, the National Assembly hastily amended the Police Act to accommodate the presidency’s demand. Senate President Godswill Akpabio and Speaker Tajudeen Abbas led the chambers in passing the Bill in record time. The amendment introduced Section 18(8A) to the Police Act, permitting the IGP to remain in office until the expiration of his appointment letter, overriding the 35-year service limit and retirement age cap.

Senator Seriake Dickson of Bayelsa West attempted to halt the process, highlighting its contradictions with existing legal provisions. However, his objections were dismissed, and the Bill was passed in less than 20 minutes—one of the fastest legislative approvals in Nigeria’s history. This effectively ensures that Egbetokun will remain in office until 2027, overseeing the upcoming general elections.

Implications for the Nigeria Police Force

The tenure extension of the IGP has far-reaching consequences, both within the Nigeria Police Force (NPF) and for national governance:

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Disrupting Career Progression: Senior officers eligible for promotion are now obstructed from advancing, which can breed resentment and decrease motivation among the force’s leadership ranks.

Lowered Morale: Junior officers witnessing this stagnation may perceive career progression as dependent on political patronage rather than merit, leading to diminished commitment to duty.

Erosion of Meritocracy: The NPF, like any disciplined institution, thrives on a merit-based system. This extension disrupts that balance, fostering favoritism over professional excellence.

Weakened Rule of Law: The extension sends a message that laws can be altered to suit individual interests, undermining the principle of legal equality.

Public Distrust in Governance: The public perceives this move as an abuse of power, deepening existing skepticism towards the government’s commitment to fairness and justice.

Violation of Constitutional Equality and National Unity

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Section 42 of the 1999 Constitution explicitly prohibits discrimination based on ethnicity, origin, religion, sex, or political affiliation. By manipulating legislative procedures to benefit an individual from his ethnic background, President Tinubu has undermined the spirit of national unity.

The Supreme Court of Nigeria, in Governor of Lagos State v. Ojukwu (1986), upheld the rule of law, stating:

“The Nigerian Constitution is founded on the rule of law, the primary meaning of which is that everything must be done according to law.”

The hasty amendment of the Police Act violates this foundational principle, replacing legal order with executive discretion.

The Way Forward: Restoring Democratic Integrity

To safeguard Nigeria’s democracy, the government must take the following steps:

Respect Institutional Frameworks: The President must prioritize competence over personal loyalties in appointments. The police force should not be manipulated for political gains.

Legislative Independence: The National Assembly must resist undue executive influence and uphold the rule of law.

Public Trust Rebuilding: The government must ensure future appointments follow due process and are merit-based.

Career Path Clarity in NPF: The Police Council must address the discontent caused by this decision and reaffirm professionalism and meritocracy within the force.