Tinubu, Police Council Sued Over IGP’s Unlawful Prolonged Tenure 

President Bola Ahmed Tinubu and the Nigeria Police Council have been summoned before the Federal High Court in Abuja over an alleged illegal tenure extension for the current Inspector General of Police, Kayode Adeolu Egbetokun.

Maxwell Opara, an Abuja-based public interest litigation lawyer and human rights activist who filed the petition, questions the constitutionality of Egbetokun’s tenure extension under the modified Police Act.

In the lawsuit, Opara seeks an injunction restraining Egbetokun, either alone or via his agents and servants, from continuing to represent, display, or parade himself as the Inspector General of Police of the Nigeria Police Force.

The lawyer complained that, according to Section 9 of Chapter 2 of the Public Service Rules 2023, Egbetokun must retire as a public servant when he reaches the age of 60 or after 35 years of pensionable service, whichever occurs first.

The first to fifth defendants in the suit are Kayode Adeolu Egbetokun, the Nigeria Police Force, the Nigeria Police Council, the President of the Federal Republic of Nigeria, and the Federal Civil Service Commission.

The lawyer asks the court to determine “whether, having regard to Federal Executive Bodies and their offices listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it means offices in the Federation’s public service.”

“Whether officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.

“Whether having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.

“Whether there is a need for formal notification of termination of an appointment where the law provides for a timeframe within which such appointment ought to terminate.

“Whether an appointment terminated by operation of Law can be retrospectively resurrected by a subsequent amended law.

“Whether upon reaching the age of retirement as envisaged by the public service rules, the 1st Defendant can still be allowed to remain in office.”

Following settlement of the problems mentioned, the plaintiff wants a declaration that, in relation to Federal Executive Bodies and their offices stated in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it refers to offices in the Federation’s public service.

“A declaration that officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.

“A declaration that having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is the age of 60 or having served 35 years of pensionable service whichever is earlier.

“A declaration that once there is termination of an appointment by effluxion of time in Law, there will be no need for a formal notification of termination as the appointment would be deemed terminated upon effluxion of time taking place.

“A declaration that an appointment terminated by operation of Law cannot be retrospectively resurrected by a subsequent amended law.

“A declaration that the 1st Defendant cannot remain in office upon reaching the age of 60 on the 4th of September 2024, and is compulsorily retired as envisaged by the public service rules.

“A declaration that only actively employed, non-retired Police Officers are eligible for appointment to the office of the Inspector General of Police.”

The suit supported with an 18-paragraph affidavit was filed by Pastor Nnenna Maxwell Opara on behalf of the plaintiff.

Meanwhile, no date has yet been fixed for hearing of the suit.