Lawyer faults AGF Fagbemi on tenure of IGP Egbetokun, argues only constitutional amendment can stop his retirement

A lawyer, Dr. Tonye Clinton Jaja who is secretary of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has faulted the Attorney General of the Federation, Lateef Fagbemi over a statement he made in defence of the tenure extension for the Inspector General of Police, Kayode Egbetokun.

 

 

Egbetokun, already 60 years has been given a legal nudge to serve beyond 2027 following the amendment of the Police Act which tenured the office of the Inspector General of Police to four years.

 

 

But Jaja, in an open letter to Fagbemi, argued that the office of the IGP is a constitutional creation which only an Alteration of the 1999 Nigerian Constitution can effect a tenure extension for the office.

 

 

According to Jaja, “I hold the view that it is only through an alteration of Sections 214, 215 and 216 of the 1999 Nigerian Constitution (as altered) that the tenure of the Inspector-General of Police can be extended.

 

“The logic behind this argument is that the office of the Inspector-General of Police is a direct creation and established by the 1999 Constitution of Nigeria therefore, it is only through an alteration of the said Constitution that changes can be made to the tenure of office of the said Inspector-General of Police.

 

“For the avoidance of any doubts, Section 215, of the 1999 Nigerian Constitution is reproduced hereunder: “Appointment of Inspector-General and control of Nigeria Police Force

 

“(1) 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;”

 

“In support of my assertion that, an alteration of the Constitution is the ONLY method to achieve tenure extension of the IGP, I respectfully urge the Hon. AGF to consider the Fifth Alteration Act, No.37 of June 8th 2023 wherein the 1999 Nigerian Constitution was altered to provide a uniform age of retirement and pension for all judicial officers of the courts that were created by the 1999 Nigerian Constitution.

 

“The reason is because the offices of the judges of all the aforesaid judicial officers were created by the said 1999 Nigerian Constitution (as altered), therefore changes to their age of retirement must equally be effected through an alteration of the same 1999 Nigerian Constitution.

 

 

“Respected Hon. AGF knows fully well that by an application of the BLUE PENCIL RULE and Section 1 (3) of the 1999 Nigerian Constitution (as altered), the said Section 7 (6) of the Police (amendment) Act, 2024 which purports to extend the tenure of the IGP is unconstitutional to the extent of its inconsistency with the provisions of Sections 214, 215 and 216 of the 1999 Nigerian Constitution (as altered). This view is supported by the judgment of the Supreme Court of Nigeria in the case of Attorney-General of Bendel State vs. Attorney-General of the Federation (1982) NCLR 1

 

“There is an additional issue that I respectfully urge the Hon. AGF to consider. This view was canvassed in a recent case when we (Association of Legislative Drafting and Advocacy Practitioners-ALDRAP) filed a law suit at the National Industrial Court of Nigeria to challenge the attempt by the National Assembly to enact a law to extend the age of retirement of the Clerk to the National Assembly from 60 to 65 or from 35 to 40 years of service whichever comes first.

 

“In that lawsuit, we argued as follows: “Nigeria public servants in established and pensionable cadre of the Federal Government Service do not hold their offices at the pleasure of the Federal Government. Rather, their appointments are based upon rules and regulations, statutes, or memoranda of appointment, citing Morakinyo v. Ibadan City Council [1964] 1 All NLR 219 and paragraph 11(1) of Part I of the Third Schedule to the 1999 Constitution.

 

“That since the Public Service Rules, statutes, or memoranda of appointment, all derive from the Constitution, they all have constitutional force, citing Olaniyan v. University of Lagos [1985] 2 NWLR (Pt. 9) 599 and Shitta-Bey v. Federal Public Service Commission [1981] 1 SC 40; [1981] LPELR-3056(SC).

 

“That by virtue of the Public Service Rules 2021 (as amended), the compulsory retirement age for all grades in the Service shall be 60 years or 35 years of pensionable service, whichever is earlier. Accordingly, that 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.”

 

“Following from the above, by enactment of the Police Act, 2020, the IGP and all other police officers are now classified as “public servants” by virtue of the definition of”public servants” as provided under the 1999 Nigerian Constitution, therefore, it logically follows that their age of retirement is the same with other public servants as defined by the same Constitution, which pegs it at 60 years of age!!!

 

 

“On this note, I rest my case and await your re-consideration of your stance on this matter, failing which we (ALDRAP) shall file a lawsuit at the National Industrial Court of Nigeria to seek a clarification on this subject matter!!!”