Connect with us

Uncategorized

NATIONAL ASSEMBLY’S EXTENSION OF IGP KAYODE EGBETOKUN’S TENURE: IMPLICATIONS FOR THE NIGERIA POLICE FORCE

Published

on

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.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Uncategorized

We’ve Known Each Other Since the 90s; I’m Qualified to Call Him a Scumbag – El-Rufai

Published

on

Fabian

Former Kaduna State Governor and former Minister of the Federal Capital Territory, Mallam Nasir El-Rufai, has weighed in on the Senate’s decision to reject the inclusion of real-time electronic transmission of election results in the proposed electoral reforms.

Speaking in an interview with Trust TV, El-Rufai was asked to react to reports that some members of his party, the African Democratic Congress (ADC), including Peter Obi, staged a protest at the National Assembly on Monday over the issue. In his response, he stressed that electoral reforms must be approached transparently and without undue external influence.

El-Rufai expressed confidence that the Senate’s electoral committee would eventually recommend the reinstatement of the provision for real-time electronic transmission of results.

He noted that many senators are experienced public officials who have previously served as governors, ministers, and legislators, and are genuinely committed to strengthening Nigeria’s democracy. However, he argued that their efforts are being overshadowed by the actions of the Senate leadership, including Senate President Godswill Akpabio.

According to El-Rufai, the controversy should not be blamed on the Senate as an institution but on its leadership. He alleged that the presiding officer was acting under external pressure and not in line with the collective will of the majority of senators.

He further predicted that when the Senate reconvenes, lawmakers would be forced to unite, resist such pressure from the leadership, and ensure that the proposed reforms are not undermined.

In a strongly worded remark directed at Akpabio, El-Rufai said:
“I do not consider him distinguished. We have known each other since the 90s. He knows how far we’ve been through, and I think I am qualified to call him a scumbag—and he knows why.”

Continue Reading

Uncategorized

Electronic Transmission: This Is Just a Warning Protest, We’ll Wait Till Tomorrow – Isaac Fayose

Published

on

Fabian Apechihin

Businessman and activist Isaac Fayose has described Monday’s protest at the National Assembly complex as only a warning, insisting that more action may follow depending on the outcome of lawmakers’ deliberations.

A cross-section of Nigerians on Monday morning converged on the National Assembly to demand that electronic transmission of election results be made compulsory in Nigeria’s electoral laws.

Although the Senate has issued several clarifications amid reports that it rejected electronic transmission of results, protesters maintained that lawmakers must go further by explicitly inserting the phrase “real-time electronic transmission” into the proposed legislation.

In response to the public outcry, the Senate announced on Sunday that it would hold an emergency plenary session on Tuesday to address the concerns.

Speaking to journalists during the protest, Fayose said the decision taken at the emergency sitting would determine whether the demonstrations would continue.

“We all know what happens in a collation room,” he said. “A collation room is where you soak garri with water at night and by morning it has swollen and turned into eba.

“For Nigerians to be satisfied, what we need is electronic transmission of results. They are already trying to deny it. Let’s wait till tomorrow. This protest is just a warning.”

Fayose also questioned the logic of abandoning electronic transmission after huge investments had been made.

“Something we spent close to a trillion naira to achieve, you now want to throw it away? That’s like taking our money and dumping it in the gutter. It cannot happen,” he added.

Continue Reading

Uncategorized

US Judge Issues Final Ultimatum as FBI, DEA Delay Release of Tinubu Records

Published

on

Fabian Apechihin

A United States federal judge, Beryl A. Howell, has sharply criticised the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) over what she described as deliberate delays in releasing records related to Nigerian President Bola Tinubu.

The documents are being sought through a Freedom of Information Act (FOIA) request filed in 2022 by transparency advocate Aaron Greenspan, with backing from investigative journalist David Hundeyin. The records are expected to provide details on a narcotics-related case from the early 1990s that led to Tinubu forfeiting $460,000 to the U.S. government—allegations he has consistently denied.

In a ruling delivered on February 3, Judge Howell of the U.S. District Court for the District of Columbia rebuked both agencies for repeatedly missing court-ordered deadlines, noting that the case has dragged on for more than three years without substantial progress.

She subsequently imposed new deadlines, warning that further delays would no longer be tolerated.

Greenspan, the founder of transparency platform Plainsite, filed the FOIA request in June 2022. In 2023, the FBI announced it would release approximately 2,500 pages of Tinubu-related records in monthly batches of 500 pages. However, the process stalled after Tinubu opposed the disclosure, requesting a delay pending the outcome of a Nigerian Supreme Court case challenging his election victory. He argued at the time that releasing the records would “adversely affect” him.

Although Judge Howell approved the temporary pause and Tinubu’s election was later upheld, the FBI and DEA continued to seek extensions, further slowing the release of records linked to longstanding allegations of involvement in cocaine trafficking.

Court filings show that the FBI was expected to submit an updated status report in May 2025, but delayed until January 2026, when it sought yet another extension to February—prompting sharp criticism from the court.

“Defendant FBI has produced no records, despite initially anticipating completion of searches by August 1, 2025,” Howell stated, adding that deadlines had been repeatedly shifted with “minimal explanation.”

She further noted that, like the DEA, the FBI had failed to provide a credible timeline for completing the processing and release of the requested documents.

Judge Howell also dismissed the DEA’s justification for withholding documents for more than six months under the guise of inter-agency consultations.

“Defendant DEA has produced some documents … but has repeated the same explanation for six months and four joint status reports concerning twelve remaining pages not yet released,” she said.

The court ordered the DEA to provide Greenspan with a Vaughn index detailing the legal basis for redacting 50 pages and withholding 172 pages of the records. The agency was also directed to submit sworn affidavits explaining, page by page, when the remaining documents were sent for consultation, expected review timelines, and steps taken to expedite the process.

Similarly, the FBI was ordered to file sworn statements accounting for its repeated failure to meet court deadlines and to begin releasing all non-exempt Tinubu-related records. The bureau was instructed to deliver an initial batch within two weeks of January 30, 2026, submit a detailed schedule for releasing the second batch of 500 pages by March 13, and complete full disclosure by June 1, 2026.

Judge Howell further ordered both agencies to file joint status reports every 14 days, starting February 27, until all responsive records have been processed and released.

Continue Reading

Trending

Copyright © 2017 Zox News Theme. Theme by MVP Themes, powered by WordPress.