President Bola Ahmed Tinubu and the Nigeria Police Council have been taken to court over an alleged unlawful tenure extension granted to the current Inspector General of Police (IGP), Kayode Adeolu Egbetokun. The lawsuit, filed at the Federal High Court in Abuja, questions the legality of Egbetokun’s continued stay in office under the amended Police Act.
Maxwell Opara, a prominent public interest litigation lawyer and human rights activist, initiated the case. Opara is seeking a court order to prevent Egbetokun from continuing to serve as the IGP, arguing that the extension of his tenure violates the 2023 Public Service Rules.
The suit contends that, according to Section 9 of Chapter 2 of the Public Service Rules, public servants must retire either at the age of 60 or after serving 35 years, whichever comes first. Opara is asserting that Egbetokun, who is set to turn 60 on September 4, 2024, should step down based on these rules.
The lawsuit names five defendants: 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.
In his suit, Opara raised several legal questions, including whether public officers, such as those listed in Section 153 of the 1999 Constitution, are subject to the Public Service Rules, and whether an appointment that has been terminated by law can be extended under an amended law. He also challenged whether Egbetokun can remain in office after reaching the mandatory retirement age.
Opara is asking the court to declare that Egbetokun’s appointment should be considered terminated once he reaches the age of 60, as stipulated by the public service rules, and that only actively employed and non-retired police officers are eligible to serve as IGP.
The lawsuit was supported by an 18-paragraph affidavit filed by Pastor Nnenna Maxwell Opara on behalf of the plaintiff. No hearing date has yet been set for the case.
