LAWYER’S VERDICT: AGF’s Stance On IG’s Tenure Extension Is UNCONSTITUTIONAL

LAWYER’S VERDICT: AGF’s Stance On IG’s Tenure Extension Is UNCONSTITUTIONAL

Tonye Jaja, a legal expert and secretary of the Association of Legislative Drafting and Advocacy Practitioners, asserts that an amendment to the 1999 Constitution is necessary to validate the appointment and tenure extension of the Inspector General of Police, Kayode Egbetokun.

In a letter directed to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, Jaja criticized the AGF for deeming the IG’s ongoing tenure as lawful.

“The AGF erred in stating that the tenure extension is lawful,” Jaja wrote in the letter obtained by Sunday reporteronline

Originally, the AGF declared that Egbetokun’s appointment, which began on October 31, 2023, would conclude when he turns 60 on September 4, 2024.

However, prior to his reaching retirement age, the Police Act was amended to allow the IG to finish his original four-year term under Section 7 (6) of the Act, despite having reached the age limit.

The AGF subsequently stated that this amendment of the Police Act has legally extended Egbetokun’s tenure until October 31, 2027, allowing him to fulfill the full four-year term granted to him.

Nevertheless, Jaja urged the AGF to review his position, stating, “Contrary to the assertions made by the AGF, I contend that only an amendment to Sections 214, 215, and 216 of the 1999 Constitution (as amended) can legitimize the extension of the Inspector General of Police’s tenure.”

He explained that the role of the Inspector General of Police is directly established by the 1999 Constitution of Nigeria, meaning any changes to the tenure can only be made by altering the Constitution itself.

Jaja also referenced the Fifth Alteration Act, No. 37 of June 8, 2023, which updated the 1999 Constitution to standardize retirement age and pension for all judicial officers, arguing that changes to the judicial officers’ retirement ages must also be made through a constitutional amendment.

He warned that failure to take appropriate action could result in a lawsuit from ALDRAP in the National Industrial Court of Nigeria seeking clarification on this matter.