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Police Officers above 60: We Don’t Have Constitutional Power over IGP Egbetokun’s Office – PSC

The Police Service Commission (PSC) has said that it does not have the constitutional power over the Inspector-General of Police, IGP Kayode Adeolu Egbetokun’s office.

The PSC had on Friday approved the immediate retirement of senior police officers who have served more than 35 years, and those above 60 years of age.

IGP Egbetokun turned 60 in September 2024 and some Nigerians, including the founder of Sahara Reporters, Omoyele Sowore, have consistently called for his retirement, describing his office as “Illegal”.

However, the Nigeria Police Force (NPF) had in a statement issued by its Public Relations Officer, ACP Olumuyiwa Adejobi responded to the claims, explaining that IGP Egbetokun’s appointment is firmly grounded in law, specifically PART III, Section 7 (6) of the Police Act, 2020 (as amended).

ACP Adejobi noted that the provision explicitly states that “the person appointed to the office of the Inspector-General of Police shall hold office for four years.”

The statement partly reads: “Moreover, his appointment was duly ratified by the Police Council, and he has received the requisite confirmation letter from the Presidency, validating his tenure from October 31, 2023, to October 31, 2027, in line with the provisions of Section 8A of the executive bill passed which amended the Police Act, clearly stating that “Any person appointed to the office of Inspector-General of Police shall remain in office until the end of term stipulated in the letter of appointment in line with the provisions of section 7(6) of this Act.”

In a statement issued by the PSC’s Head, Press and Public Relations, Ikechukwu Ani on Monday, the Commission noted that the IGP was appointed based on the advice of the Police Council, stressing that it does not have the power to decide his fate.

“The Police Service Commission has been inundated with calls, messages and reports on the status of the Inspector-General of Police, IGP Kayode Egbetokun, PhD, in the aftermath of the Commission’s decision, directing all serving Police Officers who have served for 35 years or attained the age of 60 years to proceed on immediate retirement in line with the nation’s existing laws.

“The Commission wishes to state that it does not have the Constitutional powers to determine the appointment or exit of the Inspector-General of Police. The Police Service Commission is one of the Federal Executive Bodies established under Section 153(m) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

“By virtue of Paragraph 30, part 1 of the third schedule to the Constitution and clause 6 (1) of the Police Service Commission (Establishment) Act, 2001, the Commission is charged with the responsibilities of appointment, promotion, dismissal and exercising disciplinary control over persons holding offices in the Nigeria Police Force (except the Inspector General of Police).

“The law is clear on the mandate of the Commission and it does not extend to the Inspector General of Police who is an appointee of Mr. President with the advice of the Police Council,” PSC explained.

Ani stated that the Commission at its 1st extraordinary meeting of the 6th Management Board on Friday, January 31, 2025, only considered and took decision on the regularisation of date of first appointment of CADET ASPs/Inspector Force Entrants.

“This has nothing to do with the Inspector General of Police or his office,” the spokesperson said.

He also disclosed that the Commission at the meeting passionately revisited its decision of September 27 and 28, 2017 – and concluded that the early decision that Force Entrants should have their Cadet date of appointment in the Force against the date of enlistment, in its intent and purpose contradicted the principles of merger of service in the public service.

“And it is in violation of Public Service Rule No. 020908 (i & ii) which provides for retirement on attainment of 35 years in service or 60 years of birth,” Ani noted, emphasising that it therefore set aside the earlier decision.

The statement added: “The Commission wishes to state that it is comfortable with the size of the powers which the Constitution has bestowed on it and is not interested in shopping for more powers that obviously are not backed by law.

“It notes that it has maintained a close and complementary working relationship with the Inspector General of Police in the overall interest of the Nigeria Police Force. The Commission will continue to support the Police Force to achieve its Constitutional mandate of providing security and maintaining law and order across the nation.”

Hope Ejairu

Hope Ejairu is a writer, sports analyst and journalist, with publications in print and digital media. He holds certifications in various media/journalism trainings, including AFP.

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