Inspector General Of Police Office Is By Appointment And Not By Next Rank, by Danjuma Lamido

I came across a Thisday Newspaper publication of Wednesday, 28th August 2024, titled “As CSOs Slam Tinubu’s Move to Extend IGP’s Tenure via Police Act Amendment,” where one Sunday Ehigiator and Esther Oluku wrote on the position of civil society groups as they called on the President to shun what they described as an attempt to “subvert the law in Egbetokun’s favour.” 

First of all, the appointment of Kayode Egbetokun is based on a four-year tenure in line with provisions of the Police Act of 2020.

Section 7 of the Police Act of 2020 stipulates that: “(2) The person to be appointed as Inspector-General of Police shall be a senior police officer not below the rank of an Assistant Inspector-General of Police with the requisite academic qualifications of not less than a first degree or its equivalent in addition to professional and management experience.

“(3) The Inspector-General of Police shall be appointed by the President on the advice of the Police Council from among serving members of the Police Force.

“(6) The person appointed to the office of the Inspector-General of Police shall hold office for four years.”

By the provision of the Police Act 2020, the Inspector General of Police is supposed to have a tenure of the four-year period, and Mr President on Tuesday, July 23, 2024, further clarified by sending an executive bill to the National Assembly, which was passed by both chambers of the National Assembly.

Unfortunately, Thisday Newspaper misled its reader by saying, “To accommodate the new clause, the Senate modified Section 18 of the original Nigerian Police Act 2020 by replacing subsection (8) with the following revised clause: (8) Notwithstanding any other provision, every police officer shall serve in the Nigeria Police Force for 40 years or until they reach the age of 65, whichever comes first.” 

Yes Section 18(8) of the Police Act 2020, which makes direct reference to the civil service rule on retirement, states: “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.”

However, the Police Act Amendment Bill enables a person appointed to the office of Inspector General of Police to remain in office until the end of the term stipulated in the letter of appointment.

The new section 18(8a) is to enable the IGP to stay longer than 35 years in service and 60 years of age, whichever comes first.

“Notwithstanding the provisions of sub-section (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,” the bill reads.

The issue is that “the extension of the service term will not improve the morale performance and job satisfaction in the workforce of the Nigerian Police Force, as the rigour of the work may not make an extension a preferred option for officers.” is baseless because the bill only affects the Inspector General of Police and not the entire Police Force. 

Many have retired and many will still retire, and those vacancies have been filled. Those at the lower cadre are moving up against the mischieve by interlopers.

Also, the so-called CSOs displayed ignorance when they said, “Our concern is that Mr Kayode Egbetokun should have proceeded on his terminal leave and handed over hand to another credible officer to hold forth in an acting capacity before the appointment of a substantive Inspector General of Police in line with the provision of Section 215(1) of the Constitution of the Federal Republic of Nigeria, 1999, as altered. 

Egbetokun cannot proceed on terminal leave and hand over hand to another credible officer because the provision of Section 215(1) of the Constitution of the Federal Republic of Nigeria, 1999, as altered, does not apply to him. 

Egbetokun is an appointee of the President, and his appointment letter stated his tenure clearly as empowered by the constitution and the Police Act (as amended).

The unfortunate Rule of Law and Accountability Advocacy Centre (RULAAC) misled the public by saying, “The negative effect is that while his mates would retire on the due date, he remains in service and office, stagnating the rise of numerous officers under him. This is unfair. It kills morale and breeds discontent and indiscipline.

The completion of his 4-year tenure will never stagnate the rise of numerous officers under him, as only one person can become an Inspector General of Police at a time.

Rule of Law and Accountability Advocacy Centre (RULAAC) also misled the public when it said, “The passage of the bill without a public hearing is undemocratic and goes against the principles of separation of powers and public participation in governance. This implies that the voices of the people are not heard, and the democratic process is subverted. 

It is on record that the House of Representatives held a public hearing in June 2024 when the visionary Hon. Makki Abubakar Yalleman championed the introduction of the Police Act Amendment Bill to the National Assembly. 

According to the bill’s sponsors, Hon. Makki Abubakar Yalleman, the Police Act Amendment Bill has garnered widespread acclaim from diverse stakeholders, who have unanimously commended the spirit and intent behind the legislation. 

During the public hearing, representatives from civil society organisations, the legal profession, and community groups all acknowledged the bill’s transformative potential for Nigerian policing.

The executive bill does not need a public hearing, as made believe by the Rule of Law and Accountability Advocacy Centre (RULAAC). 

I, therefore, called on the president to sign the bill into law and clear the air on the sacrosanct 4-year tenure of the Inspector General of Police in line with Section 7(6) and Section 18(8a) of the Police Act of 2020 (as amended).

Danjuma Lamido is a public affairs analyst and writes from Kano State.