Senior Advocate of Nigeria (SAN), Ayotunde Ogunleye, has stated that the tenure of Inspector General of Police (IGP) Kayode Egbetokun is lawful.
This comes amid discussions about the legality of his time in office, with some arguing that Egbetokun should have retired due to being over 60 years old.
But Ogunleye said the IGP’s tenure is legally binding, squashing claims about the legality of his continued stay in office.
“My opinion is that upon a proper appreciation of the law – particularly taking into consideration the amendment to the [Police] Act in 2024 and the declaration or statement or advisory issued by the Office of the Honorable Attorney General- Kayode Egbetokun, our honorable Inspector General of Police, is legitimately occupying his office,” he said on Friday’s edition of Channels Television’s Politics Today. “That is the law.”
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Omoyele Sowore, the presidential candidate of the African Action Congress (AAC), has been a prominent critic of IGP Egbetokun’s continued tenure.
Sowore has frequently referred to Egbetokun as an “illegal” IGP, pointing to public service rules that set the retirement age for civil servants at 60 and limit service to 35 years.
In response, Ogunleye has dismissed Sowore’s statements, calling them an “opinion” that every Nigerian is entitled to express.
“The court has not declared that office illegal or that the occupant is occupying it illegally. It is therefore wrong for anybody to assume the position of adjudication and make such a bold statement which is his own opinion,” the SAN said.
“Mr Sowore is entitled to express his opinion because there is freedom of expression in Nigeria. But what we should not do is to mistake our opinions and use them to replace facts and law because that would in itself be wrong.”
The Police Service Commission (PSC) had previously instructed that all senior officers over 60 and those with more than 35 years of service should retire.
However, Ogunleye argued that the PSC does not have the authority to force the IGP into retirement.
Egbetokun was appointed as IGP in June 2023 and confirmed as the substantive police chief by the National Police Council in October of the same year.
Under Section 7 of the Police Act 2020, an IGP is expected to serve a four-year term.
Although Egbetokun, born on September 4, 1964, turned 60 in September 2024, which would typically require him to retire under Section 18(8) of the Police Act (similar to civil service rules), the law also allows for an IGP to serve for a set term regardless of age or years of service.
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