BY HAMZA NUHU DANTANI, ESQ.

Nigeria operates a democracy, or at least pretends to, and the cornerstone of any democratic nation is the rule of law. The rule of law presupposes that all persons, institutions, and entities, public and private, including the State itself, are accountable to the laws of the land. It requires measures to ensure adherence to the principles of supremacy of the law and equality before the law.

Another cardinal principle of democracy is the principle of checks and balances. It is a mechanism for ensuring that each of the arms of government supervises and checks one another against possible abuse of powers, which means that the Judiciary and the Legislature can check the excesses of the Executive arm and vice versa. The National Assembly, however, failed in this sacred duty when it assented to the Bill sponsored by the presidency to elongate the tenure of the current Inspector General of Police (“IGP”), Kayode Adeolu Egbetokun, Ph.D, NPM. This move, seen as a glaring example of nepotism, has not only disrupted the morale and career progression within the police force but has also eroded public trust in the government.

This article examines the laws governing the appointment of the IGP and their tenure, the National Assembly’s controversial decision, its implications for the police force, and the broader ramifications for national unity and governance.

APPOINTMENT OF THE IGP

President Tinubu, in June 2023, appointed Mr. Egbetokun as IGP under Section 215(1) (a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which provides as follows:

“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”.

Also, according to Section 7 of the Police Act 2020, the person appointed to the office of the IGP shall hold the office for four years. The Act equally provides for the tenure of every police officer in Section 18(8) of the Act thus:

“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”.

Further, as provided for in Rule 0208010 of the Federal Government Public Service Rules which provides for the compulsory retirement age of public servants, 60 or 35 are the magic numbers. For the sake of completeness, the afore-said Rule provides thus:

“(i)The compulsory retirement age for all grades in the Service shall be 60 or 35 years of pensionable service whichever is earlier.

(ii)No officer shall be allowed to remain in service after attaining the retirement age of 60 years or 35 years of pensionable service whichever is earlier.

(iii)The provision of (i) and (ii) of the Rule is without prejudice to prevailing requirements for Judicial officers and Academic Staff of Universities who retire at 70 and 65 years respectively.”

Mr. Egbetokun was born on September 4, 1964, and by arithmetic computation, clocked the mandatory retirement age of 60 in September 2024. He is also not covered by the provision of (iii) above, as he is neither a judicial officer nor an academian.

The implication of the foregoing is that, by operation of law, IGP Egbetokun, who had reached the mandatory retirement age of 60, should have retired from the Nigerian Police Force and consequently from his position as the IGP by effluxion of time.

ROLE OF THE NATIONAL ASSEMBLY

The Legislature represents the people and acts as their agents. It is at the core of a representative democracy. It is the constitutional institution that has the powers to legislate, exercise oversight functions, and check the excesses of the Executive. It is the institutional body responsible for making laws for the good health of society. The National Assembly, which, in our case, consists of the Senate and House of Representatives, is vested with the legislative powers of the Federation.

Section 4(1) under part II of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) states inter alia:

“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.”

It goes further, in Section 4(2), to state as follows:

“The National Assembly shall have power to make laws for the Federation’s peace, order, and good government with respect to any matter included in the Exclusive Legislative list.”

As stated in the introductory part of this article, the National Assembly is also empowered by law to check the excesses of the Executive. However, the current National Assembly has proved ineffective in carrying this responsibility. It has turned itself into a rubber stamp when it, via legislative sleight of hand, elongated the tenure of the IGP.

AMENDMENT OF THE POLICE ACT FOR THE SAKE OF A SINGLE INDIVIDUAL

A law should not be made for the benefit of an individual but for the entire society. However, President Bola Tinubu pressed the National Assembly to amend the Police Act in July 2024. Specifically, on July 23, 2024, the National Assembly led by Senate President Godswill Akpabio and Speaker Tajudeen Abbas hastily passed the Bill to amend the Police Act 2020 in record time. Earlier that day, the House of Representatives had approved the Police Act Amendment Bill to allow the Office of the IGP occupant to remain in office until the end of the term stipulated in his or her appointment letter.

On the same day, the Senate also took the same action following an appeal by the presidency that Kayode Egbetokun, the IGP, be allowed to continue serving his four-year term in office even though he had attained the compulsory retirement age of 60 on September 4, 20204. The Executive Bill sought to amend Section 18 of the Police Act 2020 to allow an officer appointed as the IGP to serve beyond the current limit of 35 years in service or the age of 60. The Bill proposed to create a new section 18(8A) to enable the IGP to stay longer than 35 years in service and 60 years of age, whichever comes first:

“Notwithstanding the provisions of sub-section (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.”

During the parliamentary session, the Senate also modified Section 18 of the original Nigerian Police Act of 2020 by adding a new Sub-Section (8A) to it:

Interestingly, the Bill was said to have passed its first, second, and third readings under 20 minutes at the Senate, making it one of the fastest bills ever passed into law in our democratic history. This was done despite the arguments raised by Seriake Dickson, the senator representing Bayelsa West, who said the amendment contradicts existing provisions and suggested stepping down the bill for further consultations. With this, Egbetokun is expected to remain Nigeria’s IGP until 2027 to supervise the general elections.

RULE OF LAW

The controversial amendment of the Police Act by the National Assembly in favor of an individual violates the sanctity of the rule of law, particularly equality before the law. This maintains that every citizen of this country is subject to the same law. There should be no laws for the rulers and the ruled. Every person is equal before the law, irrespective of status, position, etc. The rule of law also pertains to the notion that the law holds ultimate power over the actions of the State and governs the conduct of individuals. The idea is reflected in the decision of the Supreme Court in the celebrated case of Governor of Lagos State v Ojukwu (1986) 1 NWLR (Pt. 19) p. 621 at 647-648, where the apex Court held that the constitution was founded on the rule of law whereby everything must be done according to law. Specifically, the Court held that:

“The Nigerian Constitution is founded on the rule of law, the primary meaning of which is that everything must be done according to the law. It also means that government should be conducted within the framework of recognized rules and principles that restrict discretionary power, which COKE colorfully spoke of as a ‘Golden and straight wet wand of law as opposed to the uncertain and crooked cord of discretion.”

The National Assembly disregarded the rule of law when it set a dangerous precedent by amending the Police Act for the sake of an individual.

IMPLICATIONS OF THE EXTENSION OF THE IGP’S TENURE FOR THE NIGERIAN POLICE FORCE

It is a given that the extension has the potential to create tension and dissatisfaction within the Nigeria Police Force (NPF), particularly among senior officers who might feel their career advancement is being undermined. This could lead to internal discontent and indiscipline, negatively impacting police morale and effectiveness.

While leadership roles often come with subjective decisions, the President and National Assembly’s decision stands out like a sore thumb due to its disregard for established laws. By pressuring the National Assembly to amend the retirement age for a single individual’s benefit, the President has displayed a troubling preference for personal relationships over merit and institutional integrity. Such actions undermine the rule of law and set a dangerous precedent where legal frameworks are manipulated for personal or political gain.

As earlier reiterated, the controversial decision of the President and the National Assembly lays a dangerous precedent for the NPF, including but not limited to the following:

Stalled Career Progression

The decision to extend the IGP’s tenure has effectively blocked the advancement of other senior officers next in line for leadership roles. Having dedicated years of service, these officers now find their aspirations stifled.

Also, junior officers observing this stagnation may feel disappointed, believing merit and dedication are secondary to political patronage.

Loss of Morale

A merit-based system is essential for maintaining discipline and motivation within any organization, especially in a structured institution like the police force. This extension has created disaffection among officers, leading to decreased morale. A demoralized police force is less effective in maintaining law and order, directly affecting national security, especially in a country beset by security issues.

Violation of Constitutional Principles

Section 42 of the Constitution explicitly prohibits all forms of discrimination, whether based on ethnicity, place of origin, religion, sex, or politics. By influencing the National Assembly to favor an individual from his ethnic stock, the President has violated the spirit, if not the letter, of our grundnorm. Such actions weaken the rule of law and set a harmful precedent for future leaders.

Undermining Professionalism

The President’s nepotism has sent a message that loyalty to individuals, rather than adherence to the Constitution or professional excellence, is the path to career advancement. This undermines the force’s professionalism and weakens its integrity.

Erosion of Trust in Governance

The President’s actions have not gone unnoticed by the public. Citizens are increasingly disappointed by a leader prioritizing ethnic loyalty over the nation’s collective good. This perception of nepotism further erodes trust in the presidency and other governmental institutions.

WHAT IS THE WAY FORWARD?

The President must prioritize merit and competence over personal affiliations in appointments or promotions in the police force. Institutions thrive when individuals are selected based on their qualifications and capabilities, not their connections.

Importantly, since we operate in a democracy, the National Assembly must resist undue influence from the executive branch. A genuinely independent legislature is critical for maintaining checks and balances in governance. Further, the government must commit to fairness and justice to restore public confidence. This includes reversing decisions motivated by nepotism and ensuring that future appointments are transparent and merit-based.

The government must engage with the police force and the police council to address the discontent caused by this decision. Providing clear career progression pathways and reaffirming the importance of professionalism can help rebuild morale.

CONCLUSION

The National Assembly’s decision to extend the tenure of the Inspector General of Police, based on the President’s bidding, has had far-reaching consequences. It has disrupted the police force, undermined the constitution, and eroded public trust in governance. To safeguard the country’s democratic principles and ensure the effective functioning of its institutions, the government must prioritize fairness, transparency, and meritocracy. Only by doing so can the nation overcome the divisions caused by this ill-advised decision and move forward united.