Controversy has trailed the extension of service of Kayode Egbetokun, the Inspector General of Police (IGP), for months.

On Thursday, the federal high court in Abuja entertained a 16-count charge Egbetokun’s office instituted against Omoyele Sowore, Sahara Reporters publisher and 2023 African Action Congress (AAC) presidential candidate.

These charges the IGP filed were a direct reaction to Sowore taking to his X handle to describe the police boss as an “Illegal IGP”.

Reactions have begun to trail the move. On Thursday, Lateef Fagbemi, the Attorney General of the Federation (AGF) and Minister of Justice, claimed via a statement that Egbetokun’s prolonged stay in office is backed by law.

Fagbemi said, “The appointment of Egbetokun which took effect from the 31st day of October 2023 would have come to an end on his attainment of 60 years of age on the 4th day of September 2024.

“However, before his 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, notwithstanding the fact that he has attained the age of 60 years.”

Fagbemi argued that the July 2024 National Assembly revision of the Police Act meant while other civil servants had to retire at 60 or upon clocking 35 years in service, Egbetokun was exempt.

This position did not sit well with the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP). Tonye Jaja, the association’s secretary, faulted Fagbemi’s position and said only an amendment of the 1999 constitution could legalise the tenure extension.

READ MORE: ‘We Should Clap for Police for Not Using Their AK47 on Sowore’ — Rep Yusuf Gagdi

Jaja premised his stance on sections 214, 215 and 216 of the 1999 Nigerian Constitution (as amended).

“Respected Honourable AGF knows fully well that by an application of the BLUE PENCIL RULE and Section 1 (3) of the 1999 Nigerian Constitution (as amended), the said Section 7(6) of the Police (amendment) Act, 2024, which purports to extend the tenure of the IGP is unconstitutional to the extent of its inconsistency with the provisions of sections 214, 215 and 216 of the 1999 Nigerian Constitution (as amended),” he said.

“This view is supported by the judgment of the Supreme Court of Nigeria in the case of Attorney General of Bendel State vs. Attorney General of the Federation (1982) NCLR 1.”

Reacting to these developments, the Nigeria Police Force (NPF) took to X on Saturday morning to share opinions of people in favour of Egbetokun’s tenure extension.

NOT THE FIRST TIME

Although Fagbemi and the NPF argue that Egbetokun’s tenure extension is backed by the Police Service Act, it is not the first time the constitution was suspended in considering such an endeavour.

Before President Bola Tinubu began extending tenures, Muhammadu Buhari, the former president, did the same.

On January 12, 2019, a report claimed Buhari consulted Abubakar Malami, the then-AGF, to explore the possibility of extending the tenure of Ibrahim Idris who was the IGP at the time. Idris’ tenure expired nine days before that report, but he remained in office.

Before then, no IGP had lasted on the job longer than the required retirement age.

Three days after the report, Buhari appointed Mohammed Adamu as the new IGP, bringing an end to the controversy surrounding Idris’ continued stay in office.

However, like Idris, Adamu faced controversy of his own. In February 2021, Buhari extended Adamu’s tenure by three months, claiming he needed time to appoint a successor.

On April 6, 2021, Buhari appointed Usman Alkali Baba as the substantive IGP, effectively replacing Adamu.

Meanwhile, a year before Adamu’s appointment, the Police Act (2020) came into effect to grant an IGP a four-year tenure.

Two years into Baba’s tenure, the 2023 election was approaching, and the president retained him in office. Mohammed Dingyadi, then Minister of Police Affairs, announced Baba’s tenure extension and said the president relied on the Police Act.

However, Tinubu removed Baba one month into his presidency by announcing Egbetokun as the new IGP on June 19, 2023, meaning Baba spent two years and had some time to spare, contrary to Dingyadi’s stance on the Police Act which he said gave the IGP a four-year tenure as documented in his appointment letter.

Tinubu made this move by obtaining the National Assembly’s backing in July 2024.

Although Buhari made the first attempts to prolong an IGP’s tenure without a constitutional amendment, his efforts birthed a four-month extension at most while Tinubu seeks to better that by prolonging Egbetokun’s stay in office by two years.