The extension of Inspector General of Police Kayode Egbetokun’s tenure beyond his retirement age is a clear violation of Nigeria’s Public Service Rules. This rule was explicitly emphasized in a circular dated July 27, 2009, signed by the then Head of the Civil Service of the Federation, Stephen Oronsaye.

The Nigerian Public Service Rules require career public officers, including the Inspector General of Police, to resign before assuming tenure appointments to ensure their term runs uninterrupted. If they do not resign before the start of their tenure, they must retire upon reaching the mandatory retirement age or completing the required years of service.

The 2009 circular, referenced as CSF/EMS/EIR/B.63694/IV/T/96, was addressed to key government officials, including the Principal Secretary to the President, all ministers, the Secretary to the Government of the Federation, Service Chiefs, the Inspector General of Police, and other key figures.

Titled ‘Interpretation of Public Service Rules on Compulsory Retirement Age/Year of Service in Relation to Tenured Appointment of Serving Public Officers,’ the document provided clear guidelines:

1. Career officers who accept tenure appointments must retire at the point of appointment to ensure an uninterrupted term.
2. Officers who do not retire before taking up tenure appointments must leave office upon reaching the mandatory retirement age or years of service.
3. Career officers holding tenured appointments must retire immediately and continue serving their tenure.

Oronsaye stressed that the rules should be followed strictly to maintain the integrity and discipline of the public service.

The Egbetokun Controversy

President Bola Tinubu appointed Egbetokun as the Inspector General of Police in June 2023 for a four-year tenure. However, Egbetokun was born in September 1964, meaning he would reach the mandatory retirement age of 60 on September 4, 2024.

According to the Public Service Rules, civil servants must retire at 60 years of age or after 35 years of service, whichever comes first. The Police Act 2020 further reinforces this in Section 18(8), which mandates retirement at 60 or after 35 years of service.

The Amendment to the Police Act

In July 2024, the National Assembly passed the Police Act (Amendment) Bill 2024, which introduced a new subsection, 18(8A):

“Notwithstanding the provisions of subsection (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.”

This amendment effectively allows the IGP to serve the full four-year tenure, overriding the general retirement rules of 60 years of age or 35 years of service.

The Legal and Ethical Debate

Critics argue that this amendment contradicts established Public Service Rules and the 2020 Police Act. They question whether the amendment is constitutional and warn that it could set a precedent for other public officials seeking exemptions, thereby weakening the civil service structure.

On the other hand, government officials defend the amendment, stating that it ensures stability and continuity in police leadership. They argue that allowing the IGP to complete his tenure without interruption is crucial for maintaining law enforcement efficiency.

As the debate continues, legal experts and public service analysts are weighing the implications of this amendment on Nigeria’s governance and civil service integrity.