There is an uneasy calm within the Nigeria Police Force (NPF) over alleged plan to extend the tenure of the Inspector-General of Police, Mr. Olukayode Egbetokun, as soon as the amendment to the Nigeria Police Act is signed into law by President Bola Ahmed Tinubu.

Egbetokun will officially attain the mandatory 60 years of age September 4, 2024. And in line with the law, he ought to have either proceeded on pre-retirement leave or inform the police management of his plans to quit office upon attainment of the retirement age.

…The amendment

The new amendment seeks to empower sitting President to have the liberty to retain an IGP after serving for either 35 years or attaining the mandatory 60 years of age.

Part 111 Section 7 (6) of the Police Act which repealed the Police Act Cap. P19, Laws of the Federation of Nigeria, 2004, prescribed a four-year single tenure for a person appointed to the office of the IGP subject to the provisions of clause 18 (8), which stipulates that every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for 35 years or until he attains the age of 60 years, whichever is earlier.

The amendment generating a wave of tension in the police has to do with Section 18(8A) which both the Senate and the House of Representatives concurred to and passed on accordingly for presidential assent.

Section 18(8A) of the Nigeria Police Act 2020, after its amendment, now reads: “Notwithstanding the provisions of subsection (8) of this section, any person appointed to the office of Inspector-General of Police shall remain in office until the end of the term stipulated in the letter of appointment in line with the provisions of Section 7(6) of this Act.

If the Act receives presidential assent, any IGP will have a four-year tenure clearly stipulated in the letter given to him or her by the President, even if the retirement age or service year sets in while in office.

…I never lobbied – IGP

Although the current IGP is alleged to be working towards being the first major beneficiary of the law, he, however, denied such move.

The IGP, had through the Force Public Relations Officer, ACP Olumuyiwa Adejobi, said he was not lobbying to remain in office, adding the amendment bill preceded his tenure.

“It is vital to clarify unequivocally that the bill was originally introduced during the 8th Assembly but did not progress beyond the initial stages before the Assembly’s dissolution.

“It is standard legislative practice to review and update laws to align with current national realities,” he had said.

“The Nigeria Police Force is deeply perturbed by the dissemination of false information across various media platforms, notably the distorted publication by online media, regarding the proposed amendment to the Nigeria Police Act 2020.

“The misleading publications alleged that IGP Kayode Adeolu Egbetokun personally initiated this bill to prolong his tenure as the 22nd indigenous Inspector General of Police, and has allegedly invested significantly in lobbying lawmakers to facilitate its passage,” it added.

The statement said “To understand the true motivations behind this initiative, one needs only look at the Inspector General of Police’s steadfast commitment to reforming the Nigeria Police Force.

“His advocacy for this bill stems from a genuine belief in its potential to improve the conditions of service for police officers and thereby bolster security nationwide, rather than seeking personal gain. It comes from the place of duty rather than benefit.

“Furthermore, it is important to note that the tenure of an Inspector General of Police is already prescribed as four years, with the President being the sole authority empowered to remove an IGP before the completion of his tenure,” the statement further added.

While some individuals and groups of the opinion that the president should withhold his assent to the controversial Bill until after September 4 when the current police chief must have retired, others are of the opinion that he deserves same.

The amendment bill was tabled before the Senate July 23rd, 2024 and given expeditious hearing after first, second and third reading on the 31st of July during the emergency session of the Red Chamber.

…Uneasy calm

Fearing career stagnation, some elements within the NPF argued “that the current IGP shouldn’t benefit from the amendment at the twilight of his tenure. A law shouldn’t be for an individual but for the society.”

The source pleaded with President Tinubu “not to fall for the bait, and should therefore uphold the retirement conditions in the NPF as the case with the Judiciary. Even if a Chief Justice of the Federation spends a month in office, he retires at the statutory age. It is not how long an IGP stays in office that determines his or her efficiency. We should not encourage sit-tight syndrome.

“Our officers believe it is morally indefensible and a bad precedent for the police force for IGP Egbetokun to earn extension of tenure of two years and seven months from September 4th. The NPF will become more politicised. Most officers are feeling bad that it will lead to career growth stunt.”

Although similar moves reportedly failed during former President Muhammadu Buhari’s tenure, the only difference, however, is the amendment to the Police Act under the current dispensation.

…Legal opinions

Reacting to the propriety or otherwise of Egbetokun as a major beneficiary of the amendment, a senior lawyer, Mr Olatunji Salawu, told Blueprint that for the tenure of the incumbent IGP to be lawfully extended, the president must have signed the Bill into law before September 4.

He said: “Generally, a law does not operate retroactively, except there is a specific provision in the law which makes it retroactively. For the tenure of the incumbent IGP to be lawfully extended, the President must have signed the Bill into law before September 4.

“Once the Act has been signed into law, it becomes immediately operational, since in law, an amendment goes to the commencement of the entire Act itself, which means that the amended section(s) must give way to the new provisions. Once amended, the old provisions are automatically, no longer applicable.”

But another legal mind, Emmanuel Ekwe, differed, saying it is grossly inimical to the workings of the NPF and the citizens.

“To my mind, the amendment to the Nigeria Police Act extending the Inspector General of Police’s (IGP) tenure is a clear sign of retrogressive progress. It is bad law. This amendment is satanic and grossly inimical to the workings of the Nigerian Police Force and it is the citizens that will suffer the negative impacts.

“This is because it politicices the police force, potentially compromising the loyalty of the IGP to the president rather than to the public.

“Additionally, this extension will hinder career advancement for other officers. The prolonged tenure of one individual will stagnate promotions and disrupt the natural progression within the force. By and large, I view this amendment as an act of bad faith that undermines institutional integrity.”

…Groups weigh in, also differ

Supporting Egbetokun’s choice, the Arewa Lawyers’ Forum(ALF), said the current IGP deserved the benefit of tenure extension.

Leader of the ALF, Mustapha Imam, had, while speaking to journalists on behalf of the group, declared that Egbetokun, since assuming office, “has established a solid foundation for a vibrant and modern police force in Nigeria. He is a proactive IGP who addresses issues promptly. Given the successes achieved under his leadership and his effective leadership style, we urge the federal government under your leadership to continue supporting him to maintain the progress he has made.

“At this critical moment, we advise and appeal to you, Mr. President, to extend the tenure of this exceptional individual due to his excellent performance as IGP. Extending his tenure will allow him to further consolidate the progress he has made. He deserves sufficient time to build a solid and modern Nigeria Police Force.”

However, the Human Rights Monitoring Agenda (HURMA) kicked against tenure extension for Egbetokun, insisting the process will be a disservice to the country.

Addressing a press conference Thursday in Lagos, Executive Director (ED) HURMA, Comrade Buna Olaitan Balogun, stated that it is a violation of the law of the land to bend the law to serve the interest of an individual to remain in office.

According to him, Mr. President has demonstrated strength of character in the most recent seamless and noiseless succession plans of the Head of Service of the Federation as well as the Chief Justice of the Federation and there should not be an exception to the police institution.

“Based on the foregoing, we urge Mr. President to abide by the Oath of Office sworn to upon becoming the president of all Nigerians. In line with the Oath of Office “that in all circumstances, I will do right to all manner of people, according to law, without fear or favour, affection or ill-will” “we plead with the President to use his enormous constitutional powers to save Nigeria police from the internal conspiracy and disloyalty among the officers, rank and file of the force that may arise as a result of compromise of career progression, particularly, at a time like this that our great country is very fragile.

“The best decision for Mr. President in the circumstance, is to withhold his consent to the Amendment Bill of Police Act, 2020, passed by the National Assembly as it is self- serving and unpatriotic,” HURMA said.