A legal expert and secretary of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), Tonye Jaja, has stated that only an amendment to the 1999 Constitution can legally validate the appointment and tenure extension of Inspector General of Police, Kayode Egbetokun.
In a letter addressed to the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, Jaja criticized the AGF’s stance, arguing that Egbetokun’s continued stay in office is unconstitutional without a constitutional amendment.
“The AGF got it wrong when he declared the tenure elongation lawful,” Jaja wrote in the letter.
The controversy stems from the AGF’s recent declaration that Egbetokun, who was appointed on October 31, 2023, would serve a full four-year tenure, even though he is set to reach the retirement age of 60 on September 4, 2024.
This followed an amendment to the Police Act, which allows an Inspector General of Police to complete the four-year term, regardless of age.
The AGF argued that this amendment means Egbetokun’s tenure will now run until October 31, 2027.
However, Jaja has urged the AGF to reconsider, insisting that only a constitutional alteration—not an amendment to the Police Act—can lawfully extend the IGP’s tenure.
“Contrary to the position of the AGF, I hold the view that only an alteration of Sections 214, 215, and 216 of the 1999 Constitution can legally extend the tenure of the Inspector-General of Police,” he stated.
Jaja’s argument is based on the fact that the office of the Inspector-General of Police is a direct creation of the 1999 Constitution.
He cited the Fifth Alteration Act No. 37 of June 8, 2023, which adjusted the retirement age and pension for judicial officers through a constitutional amendment.
“The judiciary’s retirement age was changed through an alteration of the 1999 Constitution because those offices were created by it. Likewise, any change to the tenure of the IGP must follow the same constitutional process,” he explained.
Jaja warned that if the AGF fails to address the issue properly, ALDRAP would take legal action at the National Industrial Court of Nigeria to seek judicial clarification.
