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IGP Egbetokun by operation of law has ceased to be a police officer — Okutepa, SAN

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By Jibrin S. Okutepa, SAN

There have been ranging controversies as to whether the Nigerian Inspector General of Police is legally and constitutionally staying in the office having regard to the provisions of the Police Act and Public Service Rules that mandate Police Officers and or public servants to vacate their Offices upon attainment of 60 years of age or upon attainment of 35 years in service whichever is applicable.

It is a notorious fact that the current inspector General of Police attained the age of 60 years in September 2024 or so having attained the age of 60 years. It has been argued that having been appointed or reappointed for a tenure of 4 years as IGP, the IGP is legally qualified to remain as IGP of the Nigerian Police Force. Nigerian police is the creation of the constitution. See section 214 of the 1999 constitution.

The office of Inspector General of Police is also a creation of the constitution. See section 215 of the same constitution. The constitution set out the police officer who is qualified to be appointed an Inspector General of Police. See section 215 (1) of the 1999 constitution. In the light of section 215 of the 1999 constitution is the continued stay of IGP after attainment of 60 years of age constitutional.

The answer to this question does not require deeper thinking. It is found in Section 215 (1)(a) of the 1999 constitution which provides that : “There shall be -(a) 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 Nigeria Police Council from among serving members of the Nigeria Police Force”

The constitution gives the President power to appoint Inspector General of Police. But in doing so, the president must be guided by the provisions of the Constitution. From the provisions of the Constitution above, it is clear that for the president to appoint any police officer as IGP, the police officer must be a serving officer of the Nigerian police force.

The president cannot appoint any police officer who, by operation of law, ceased to be a police officer as an Inspector General of Police. It is my view that no police officer is qualified to be appointed inspector General of Police if he or she ceased to be a police officer by dint of his age or length of service in the police. Any Act of the National Assembly which purports to extend the tenure of office of an Inspector General of Police who by operation of law ceases to be a police officer is null and void and inconsistent with section 215 of the 1999 constitution.

The arguments of those who laboured under the legality of powers of the National Assembly to make law of extension of tenure appear to have lost sight of the constitutionality in section 215 that at all material times Nigerian Inspector General of Police must be a serving member of the police force. With profound respect, a retired police officer is not and can not be a serving police officer to be appointed Inspector General of Police.

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