An Abuja-based lawyer and human rights activist, Maxwell Opara, has filed a lawsuit against President Bola Ahmed Tinubu and the Nigeria Police Council over what he claims is an unlawful extension of the current Inspector General of Police (IGP) Kayode Adeolu Egbetokun’s term.
The lawsuit, submitted to the Federal High Court in Abuja, challenges the legality of the extension granted to IGP Egbetokun under the amended Police Act. According to Opara, the term extension goes against the Public Service Rules of 2023, which clearly state that a public servant must retire at the age of 60 or after 35 years of service, whichever comes first.
In the suit, Opara is seeking an injunction that would prevent Egbetokun from continuing to act or present himself as the Inspector General of Police. He argues that the tenure extension violates the public service retirement rules and calls into question whether officers like the IGP should be allowed to serve beyond the constitutional limits.
“Whether officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.
“Whether having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.
“Whether there is a need for formal notification of termination of an appointment where the Law provides for time-frame within which such appointment ought to terminate.
“Whether an appointment terminated by operation of Law can be retrospectively resurrected by a subsequent amended law.
“Whether upon reaching the age of retirement as envisaged by the public service rules, the 1st Defendant can still be allowed to remain in office.”
“A declaration that officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.
“A declaration that having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is the age of 60 or having served 35 years of pensionable service whichever is earlier.
“A declaration that once there is termination of an appointment by effluxion of time in Law, there will be no need for a formal notification of termination as the appointment would be deemed terminated upon effluxion of time taking place.
“A declaration that an appointment terminated by operation of Law cannot be retrospectively resurrected by a subsequent amended law.
“A declaration that the 1st Defendant cannot remain in office upon reaching the age of 60 on the 4th of September 2024, and is compulsorily retired as envisaged by the public service rules.
“A declaration that only actively employed, non-retired Police Officers are eligible for appointment to the office of the Inspector General of Police.”
The case is supported by an 18-paragraph affidavit and lists five defendants: Kayode Adeolu Egbetokun, the Nigeria Police Force, the Nigeria Police Council, the President of Nigeria, and the Federal Civil Service Commission. Opara also raises the issue of whether the offices listed under Section 153 of the 1999 Constitution of Nigeria are part of the public service, which would impact the IGP’s tenure.
Though the case has been filed, a court date for the hearing is yet to be set. The outcome of this case could have significant implications for the interpretation of public service retirement laws in Nigeria.
