There was mild drama at the Force Headquarters in Abuja on Wednesday as human rights activist and former presidential candidate, Omoyele Sowore, stormed the premises demanding the immediate resignation of Inspector General of Police (IGP), Kayode Egbetokun.
Sowore, who led members of his civil rights group, the Take-It-Back Movement, accused the IGP of illegally occupying the office after reaching the constitutional retirement age of 60 on September 4, 2024. According to Sowore, Egbetokun should have stepped down on that date as stipulated by law, and his continued stay in office is “unlawful and unacceptable.”
“We are here in continuation of our campaign to ask the IGP to vacate his office because he has retired since September 4, 2024,” Sowore said. “He has fulfilled the two retirement conditions – 35 years in service and 60 years of age. So, there’s no basis for him to still be in that position.”
The activist described Egbetokun’s continued tenure as a “gross violation” of the Nigerian Constitution and called on the public and fellow security officers to reject what he referred to as “executive lawlessness.”
The protest comes amidst a growing debate over the legal and constitutional grounds for the IGP’s continued stay in office. President Bola Ahmed Tinubu had extended Egbetokun’s tenure following a controversial amendment to the Police Act, 2020, which was passed by the National Assembly in July 2024.
Before the amendment, Section 18(8) of the Police Act clearly stated that a police officer must retire after 35 years of service or upon reaching 60 years of age, whichever comes first.
However, the newly inserted Section 18(8A) provides a notable exception:
“Notwithstanding the provisions of subsection (8)… 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.”
Section 7(6), in turn, prescribes a four-year tenure for anyone appointed to the position of Inspector General, starting from the date of appointment.
Based on this amendment, the Federal Government argues that Egbetokun, who officially became IGP on October 31, 2023, is entitled to complete his full four-year tenure, which ends on October 31, 2027, despite having clocked 60 years last year.
In a swift response to Sowore’s protest, the Force Headquarters defended the IGP’s position, insisting that his appointment is lawful and grounded in the amended Police Act. The police authorities explained that the new law provides a clear legal basis for the IGP to remain in office until the completion of his four-year term.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, also backed the extension, stressing that Egbetokun’s tenure was valid and within the boundaries of the law.
“For the avoidance of doubt, Egbetokun’s continuous stay in office is in line with the provisions of the Police Act amended in 2024,” Fagbemi said in a statement. “It allows the occupant of the office to enjoy a term of four years effective from the date of his appointment as IGP, in this case, October 31, 2023.”
He further explained that the amendment came into effect before Egbetokun reached retirement age, giving him the legal right to serve out his full tenure.
Despite official support from the presidency and the Ministry of Justice, there are growing murmurs of discontent within the police force itself. Some **senior officers** are reportedly unhappy with the extension, arguing that it has **blocked their promotion prospects** and slowed career progression.
A senior officer who spoke anonymously said, “It’s frustrating to know that no matter how hard you work, the top position is not going to open up anytime soon. This extension has killed the career growth of several officers.”
Some retired police officers and legal analysts also expressed concern that the amendment to the Police Act might set a dangerous precedent, where appointments to sensitive positions can be manipulated through legislative changes, ignoring long-standing service rules.
Sowore, who contested the 2023 presidential election under the banner of the African Action Congress (AAC), has been vocal in opposing what he sees as abuse of power by political elites. He insists that no amendment can override the 1999 Constitution, which remains the highest law in the country.
“There is no tenure appointment that can override the constitution. The constitution says you retire at 60 or after 35 years. Egbetokun has done both. He must go,” Sowore said firmly during the protest.
He also vowed to continue addressing Egbetokun as an “illegal IGP” until he steps down, accusing the federal government of encouraging illegality by allowing the police chief to remain in office.
The ongoing controversy has divided opinions among Nigerians. While some support the government’s legal stance, others argue that the law was amended purely to favor an individual and does not reflect broader public interest.
As it stands, IGP Kayode Egbetokun remains in office, backed by the amended law and the presidency. However, with continued protests, legal threats, and rising public interest in the matter, this issue is far from over.
Sowore and his group have promised to continue their campaign and even consider legal action if the IGP refuses to vacate office.
For now, Nigerians watch closely as the debate over age, tenure, and the rule of law in public service continues to unfold at the very top of the nation’s police force.
