A legal practitioner and secretary of the Association of Legislative Drafting and Advocacy Practitioners, Tonye Jaja, has said the tenure extension of the appointment of the Inspector General of Police Kayode Egbetokun can only be legalised by an alteration of the 1999 Constitution.
Jaja criticised the Attorney General of the Federation and Minister of Justice (AGF), Lateef Fagbemi, SAN, for saying the IG’s ongoing tenure in office was legitimate and lawful in a letter.
“The AGF got it wrong when he declared the tenure elongation lawful,” Jaja stated.
The AGF had initially said Egbetokun’s appointment, which took effect on October 31, 2023, would end when he attained 60 years of age on September 4, 2024.
But before the IG attained the retirement age, the Police Act was amended to allow the occupant of the office to remain and complete the original four-year term granted under Section 7 (6) of the Act, even though he has attained the age of 60 years.
The AGF then stated that the Police Act amendment had statutorily extended Egbetokun’s tenure to end on 31st October 2027, to complete the four-year tenure granted to him.
He said, “Contrary to the foregoing assertions by the Hon. AGF, I hold the view that it is only through an alteration of Sections 214, 215 and 216 of the 1999 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.
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Jaja further urged the 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 the 1999 Nigerian Constitution created.
He added, “The reason is that 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.”
He warned that the AGF’s failure to do the needful would lead to a lawsuit from ALDRAP at the National Industrial Court of Nigeria to seek a clarification on the subject matter.
