The recent statement by the Attorney General of the Federation (AGF) defending the tenure of Inspector General of Police (IGP), Kayode Egbetokun, has sparked heated debate across Nigeria. The AGF, Prince Lateef Fagbemi, officially cleared the air over the IGP’s continued stay in office, asserting that his appointment is lawful despite reaching the mandatory retirement age of 60.
This affirmation has ignited controversy, with critics questioning the legitimacy of extending the IGP’s tenure beyond his retirement age, which was due on September 4, 2024. Fagbemi’s statement, issued on January 30, 2025, clarified that Egbetokun’s tenure would end in 2027, as stipulated by the amended Police Act of 2024. This amendment allows the IGP to serve a full four-year term, starting from his appointment on October 31, 2023, irrespective of his age.
A Legal Twist in Police Leadership
According to Fagbemi, the amendment to Section 7(6) of the Police Act permits the IGP to remain in office for a full four years from his appointment date. “The appointment of Egbetokun, which took effect from 31st October 2023, would have ordinarily ended upon his attainment of 60 years of age on 4th September 2024,” Fagbemi noted. “However, the Police Act was amended to allow the occupant of the office to remain and complete the original four-year term granted under the Act, regardless of his age.”
Fagbemi’s defense rests heavily on the 2024 amendment, which he argues ensures the legal continuation of the IGP’s term. As a result, Egbetokun will serve until October 31, 2027. “For the avoidance of doubt, Egbetokun’s continued stay in office is in line with the provisions of the Police Act,” Fagbemi emphasized, urging Nigerians to disregard any misconceptions surrounding the IGP’s tenure.
The Public Outcry and Legal Challenge
Despite the AGF’s legal justification, the controversy surrounding the IGP’s stay in office has not died down. Legal experts, human rights activists, and a section of the public continue to oppose what they see as an unconstitutional extension of the IGP’s tenure.
One such vocal critic, Abuja-based lawyer Maxwell Okpara, has taken the matter to court, challenging the legality of the tenure extension. Okpara, who argues that Egbetokun should have vacated office upon reaching 60, filed a suit in the Abuja High Court seeking to annul the extension. “Egbetokun, born on 4th September 1964, reached the mandatory retirement age of 60 in 2024,” Okpara contended. “As per the Public Service Rules, he should have retired by now, and his continued stay in office is a violation of those rules.”
The legal challenge, which has drawn significant attention, hinges on whether the amendment to the Police Act can override existing retirement regulations for public service positions. Legal observers suggest that the case could set a precedent for future challenges to public service appointments and tenure extensions.
Political and Public Reactions
The controversy also caught the attention of prominent political figures and activists. Omoyele Sowore, a former presidential candidate and well-known human rights advocate, also expressed strong objections to the IGP’s continued tenure. Sowore, who has been an outspoken critic of the government’s actions in the past, condemned what he termed as “a flagrant abuse of office.” His statements, which he made on social media platforms, led to his arrest and subsequent charges for alleged cybercrimes.
“The laws are clear, and we cannot have individuals holding offices beyond the stipulations of those laws. This is a clear attempt to undermine our democratic institutions,” Sowore argued before his arrest. His detention sparked further debates, with human rights organizations decrying what they called an attempt to silence dissent.
Sowore’s arrest, coupled with his criticism of Egbetokun’s tenure, has deepened the public divide on the issue. While supporters of the government view the AGF’s clarification as a necessary legal step to ensure continuity and stability in the police force, critics claim it reflects a disregard for constitutional norms and accountability.
The Case for Stability in the Police Force
Supporters of Egbetokun’s continued stay in office, however, argue that the amendment to the Police Act is in the best interest of the nation. They stress the need for continuity in leadership, especially in a time when security concerns, ranging from insurgency to banditry, continue to plague the country.
Security experts suggest that the IGP’s experience and knowledge of the country’s security landscape are invaluable in the current climate. “Kayode Egbetokun’s tenure offers an opportunity for long-term planning and the implementation of critical reforms within the police force,” said an anonymous security analyst. “With the changing dynamics of Nigeria’s security challenges, it’s important to have leadership that understands the intricacies of the system and can push for lasting reforms.”
Egbetokun’s appointment has been met with mixed reactions. While some view him as a steady hand capable of reforming the police, others feel that his continued service may be part of a broader political strategy to maintain control over key security institutions.
The Road Ahead
As the case unfolds in the courts and public opinion remains sharply divided, the situation surrounding the IGP’s tenure is far from resolved. Legal experts will be watching closely as the matter progresses through the judicial system. In the meantime, the federal government continues to back the decision, with the AGF urging Nigerians to accept the legal framework within which Egbetokun’s appointment was made.
For many, the key question remains whether the constitutional provisions regarding retirement can be overridden by a later amendment to specific laws governing appointments. As the controversy rages on, it is clear that the matter of the IGP’s tenure will continue to be a focal point in the ongoing debate about governance, transparency, and the rule of law in Nigeria.
