Like a powder keg, the recent controversial amendment to the Nigeria Police Act, 2020 by the National Assembly may throw the architecture of the country’s police force into an avoidable crisis. There had been an allegation of scheming by the IGP, Olukayode Egbetokun, to elongate his tenure in office.
In July, police authorities denied this, saying IGP Egbetokun was committed to his statutory responsibility of protecting Nigerians.
However, later in the same month of July and, in a jiffy, the House of Representatives and the Senate passed a bill to create a new Section 18(8A) that gives IGPs special civil service rights and enforces Section 7 of the Act. In the principal Act, Section 18(8) states: “Every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier.”
However, the new bill forwarded and passed by the lawmakers reads: “Notwithstanding the provisions of sub-section (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.”
Two long-term associates of President Bola Tinubu: the Senate Leader, Opeyemi Bamidele, representing Ekiti Central Senatorial District, Ekiti State, and Julius Ihonvbere, a professor, representing Owan East and West Federal Constituency of Edo State, led the debate in the two legislative chambers. Despite criticisms by the opposition to the bill, particularly by the former Governor of Bayelsa State and a member of the Peoples Democratic Party, Senator Seriake Dickson, the leadership of the two chambers ignored the cries against setting a bad precedent and went ahead to pass the bill into law.
Meanwhile, since the surreptitious passing of the bill, it is not clear if President Tinubu has assented to it or not. The IGP, who ordinarily should have embarked on terminal leave since he will be 60 years old on September 4, 2024, has remained in office against the existing Police Act 2020.
IGP’s appointment
The President appointed Egbetokun as the IGP alongside four new Service Chiefs in June 2023 and was confirmed by the National Assembly in November. In compliance with Section 18(8) of the Police Act 2020, Egbetokun, who was born on September 4, 1964, is expected to retire in September 2024 at the age of 60.
But the IGP’s appointment by the president was one that many Nigerians already foresaw considering the duo’s long years of relationship. At a recent book launch in his honour, Egbetokun could not hide his deification of President Tinubu, when he revealed how his life experienced a positive turnaround within 24 hours he met his “godfather” some 26 years ago.
Though he did not explain the circumstances that surrounded their first meeting, the IGP, who was full of thanks to his creator at the event, said he first met the President in 1998 as a Deputy Superintendent of Police. He was later in 1999 appointed as his Chief Security Officer upon Tinubu’s assumption of office as the governor of Lagos State.
Their relationship has since continued to blossom. It was therefore not surprising when Tinubu appointed Egbetokun as the IGP, bringing an abrupt end to the tenure of his predecessor, Usman Alkali Baba.
The IGP spoke at the unveiling of a book in his honour, titled: “Readings in Policing, Peace, and Security,” in Abuja. He said: “I thank the Almighty God by whose grace I’m alive today to receive this incredible honour. My life and career are a testament to God’s infinite mercy. It has been God for me.
“As I’m standing here today, my mouth is filled with testimonies. I would have loved to share some of these testimonies, but today is not Thanksgiving day. I will, therefore, reserve the details for another day.
“I must, however, acknowledge the significant impact of a particular individual on my life and career. I met President Bola Tinubu in 1998, and that meeting produced a positive transformation in my life within 24 hours. That story is also a testimony that I would like to leave for another day.”
Bad precedent?
If the amendment to the Police Act, 2020 is assented to by the President as the news from the grapevine suggests, many stakeholders believe the development may cause implosion within the rank and file of the police force. Recently, a civil society group, Human Rights Monitoring Agenda, petitioned the Presidency, police authorities, and leadership of the National Assembly, among others, warning against the possible dangerous consequences of elongating the tenure of the IGP illegally.
HURMA also addressed a press briefing, threatening to institute legal action against the implementation of the hurriedly passed bill, and insisted that it would be wrong to change a law because of an individual. The rights group insisted that the bill violates the due process of law and was an attempt to bypass the constitution, urging the President to withhold his assent in order “to uphold the principle of due process”.
In his address at the press conference, HURMA Executive Director, Buna Balogun, said: “Mr Kayode Egbetokun was appointed as Inspector General of Police in the year 2023, to hold office till his retirement upon 35 years in service or attainment of the age of 60. By Mr Kayode Egbetokun’s official records, he is due for retirement by September 2024 when he attains the age of 60 having been born on the 4th day of September, 1964.
“Our concern is that Mr Kayode Egbetokun should have proceeded on his terminal leave and handed over to another credible officer to hold forth in an acting capacity before the appointment of a substantive Inspector General of Police in line with the provision of Section 215(1) of the Constitution of Federal Republic of Nigeria, 1999 as altered).
“It is amazing to note the overzealousness of the distinguished members of the National Assembly in passing a bill to amend the Nigeria Police Act, 2020 to accommodate ‘sit tight’ of Mr Kayode Egbetokun in office despite the attainment of mandatory 60 years of age. We have serious grounds to doubt the democratic credentials and loyalty of our lawmakers to the Nigerian people because of the jet speed they used in passing the Amendment Bill without public hearings.”
HURMA said the amendment is full of flaws, even as it condemned what it described as the jet speed with which the law was passed. It said: “If assented to by Mr President, the law is liable to be nullified in a court of competent jurisdiction if and when challenged by us as patriotic Nigerians. The best decision for Mr President in this circumstance is to withhold his consent to the Amendment Bill of Police Act, 2020, passed by the National Assembly as it is self-serving and unpatriotic.
“It is a violation of the law of the land to bend the law to serve the interest of an individual to remain in office. More importantly, the Amendment Bill of Police Act, 2020 cannot take a retroactive effect to enable Mr Egbetokun to benefit from the flawed amendment process unless Mr President wants to circumvent the due process of law.”
Meanwhile, in his contributions during the press conference, a member of the HURMA legal team, M. Alabi, commended President Tinubu for what he described as the sustenance of the rule of law and due process in the selection process of a new Head of Civil Service of the Federation and Chief Justice of Nigeria. Alabi said the process has been seen to be flawless and should be emulated in other offices, Ministries, Departments and Agencies of the government.
“Mr President has demonstrated strength of character in the most recent seamless and noiseless succession plans of the Head of Civil Service of the Federation and the Chief Justice of the Federation. We state that there should not be an exception to the police institution,” a statement by HURMA quoted him as having said.
He added: “We are going to fight this to a logical conclusion on behalf of many patriotic Nigerians. We need a new police command that is ready to work in the interest of the people. The police should follow due process. There is a time to say bye-bye to service. Let other people try.”
The Executive Director of the Rule of Law and Accountability Advocacy Centre, Okechukwu Nwanguma, said: “The alteration of the Police Act, 2020 puts the Statute in conflict with the civil service rule with regards to age of retirement and years of service for the Inspector-General of Police.” According to him, the Police Act ,2020 prescribed a four-year tenure for the Inspector-General of Police. It was, therefore, expected that a person to be appointed IGP should have no less than four years before his/her retirement date.
Nwanguma noted: “The Police Act also required that the Police Council meets to advise the president on the appointment of a new IGP when there is a vacancy, among other roles. Unfortunately, former President Muhammadu Buhari, in all the appointments he made while in office, was not known to have ever convened the Police Council, but instead, single-handedly handpicked and appointed an officer of his choice as IGP even when the officer’s retirement date wad was far behind the stipulated tenure of office.
“One outstanding example was the appointment of the former IGP, Usman Baba, on April 6, 2021, while he was expected to retire from the police on March 1, 2023, when he attained 60 years of age. In appointing the current IGP, President Tinubu also followed this similar path by appointing him when he had barely two years to retire.
“President Tinubu was expected to avoid the wrongful, patently illegal, and unconstitutional steps of the past, which led to controversies and judicial challenges of appointments made by the president. This, unfortunately, became the norm.
“Unfortunately, the President has continued with the anomalous practice of extension of the tenure of a ‘preferred’ IGP. The negative effect is that while his mates would retire on the due date, he remains in service and office, stagnating the rise of numerous officers under him. This is unfair. It kills morale and breeds discontent and indiscipline.”
Nwanguma stated that in the past, this has also taken the form of premature retirement of Assistant and Deputy Inspectors-General of Police to fulfil the requirements of paragraphs 2 and 6, Section 7 of the Police Act 2020, which requires that officers must be no less than the rank of an AIG to be appointed Inspector-General of Police. He added: “President Tinubu is not known to have consulted the Police Council, which he chairs, to secure the concurrence of its members in the appointment process, as required by both the Constitution and the Police Act. It is appalling that politics of self-interest could be taken so far as to amend the Police Act to achieve the extension of tenure of an IGP who otherwise was due to retire and vacate office.
“It was expected that President Tinubu would avoid a repeat of the pitfalls, errors, and brazen illegalities of the past. He was looked upon as a self-acclaimed democrat to ensure that appointments were based on legal and constitutional stipulations, merit, competence, qualifications, seniority, and existing line of succession. The President has betrayed the hope and expectation that he would chart a refreshingly new course, in tandem with his expressed commitment to the rule of law and the undertaking he publicly gave in his inauguration address on May 29, 2023.”
The National Coordinator of the Network on Police Reforms in Nigeria, Precious Osinaku, who is a lawyer, said: “I think it sets a bad precedent. This is because it leaves a bad taste in the mouths of other serving police officers and can cause dissatisfaction, disloyalty, and rivalry among officers. It lacks due process. The speed at which the law was passed without proper consultation, including a public hearing, raises the question of due process, transparency, and accountability. This is not good for our fragile democracy and weak institutions.
“Another important question is whether the law will have a retroactive effect to qualify the sitting IGP to continue. I do not think so. Ideally, our laws are not retroactive so Kayode Egbetokun should be bound by the law that gave him his tenure.”
The Executive Director, Elixir Trust Foundation, Emmanuel Ikule, has this to say: “The current Police Act 2020 Section 9(6) gives power to the IGP to Re-engage a retired police officer for two years and Upon application by the retired police officer, re-engage him for another period of two years. Section 14 of the Police Act 2020 also gives the Police Service Commission to appoint other persons to offices in the Police Force as required for the effective and efficient performance of the functions of the Police Force as such terms and conditions as may be prescribed by the Police Service Commission.
“Section 18 (9) of the Police Act 2020 also permits the recruitment of professionals from relevant fields, including engineering, medicine, pathology, aviation, law, psychology, accountancy and forensic science, (b) practice their profession and use their expertise in the advancement of the objectives of the Police Force. Section 19 covers the training and retraining of all officers.”
According to Ikule, with the above, there was no need or reason for any amendment. He said that the Force has been adequately provided for if implemented well and in good faith, adding: “Secondly, I hope this is not a plan to keep certain persons in office. Other officers too deserve the opportunity to contribute their quota for the growth of the force. Any iota of bias or sectionalism should not be given room in the police force, so I advise that the Bill should not be passed by the National Assembly as it does not cure any perceived problem, but the increase in years may compound the challenges associated with the work of policing in Nigeria.”
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Ikule noted that the Police Act 2020 initially included provisions aimed at improving transparency and accountability within the Nigeria Police Force. He said: “Any dilution of these provisions could hinder ongoing efforts to reform the police and address issues like human rights abuses and corruption. The process of amending the Police Act lacks transparency and insufficient public consultation. Stakeholders, including civil society organisations and human rights groups, have been excluded from the decision-making process, which raises questions about the legitimacy of the amendment and undermines the rule of law.”
Egbetokun, however, has debunked reports that he lobbied the National Assembly to tamper with the Nigeria Police Act, 2020 to elongate his tenure, and year of service of personnel in the force.
Adejobi, who spoke on his behalf, said that the bill was originally introduced during the 8th National Assembly, but did not progress beyond the initial stages before the Assembly’s dissolution.
According to him, it was standard legislative practice to review and update laws to align with current national realities.
Adejobi added: “To understand the true motivations behind this initiative, one needs only look at the Inspector General of Police’s steadfast commitment to reforming the Nigeria Police Force.
“His advocacy for this bill stems from a genuine belief in its potential to improve the conditions of service for police officers and thereby bolster security nationwide, rather than seeking personal gain.
“It comes from the place of duty rather than benefit.”
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