Ani said, “The Police Service Commission rose from its first extraordinary Meeting with the approval for the immediate retirement of senior Police Officers who have spent more than 35 years in service and those above 60 years of age.CONTINUE FULL READING>>>>>
“The Commission at its 24th Plenary Meeting of 27th and 28th September 2017 had approved that the Force Entrants should have their date of appointment in the Force against the date of their enlistment.
“The Commission has passionately revisited their decision and has concluded that the said decision
in its intent and purpose contradicted the principle of the merger of service in the Public service and it violates of Public Service Rule No 020908 ( i & ii) which provides for retirement on attainment of 35 years in service or 60 years of age.
The PSC’s decision came amid ongoing legal debates surrounding the tenure extension of the IGP, whose continued stay in office has sparked controversy.
A Senior Advocate of Nigeria, Kunle Adegoke, said while the move might not explicitly violate any constitutional provisions, its legality remained subject to judicial interpretation.
He explained that the general rule of appointment and reappointment allowed the appointing authority to extend an official’s tenure unless a statute explicitly forbids it.
“Where a specific tenure is provided by law, it may not be within the power of the appointor to extend it, except where a second term is allowed. However, in cases where the law does not expressly prohibit reappointment or tenure elongation, the general rule is that what is not forbidden is permitted,” he stated.
Adegoke also pointed out, that there are differences between civil service regulations and the laws governing the police and military.
“Members of the armed forces, police, and paramilitary organisations have special rules guiding their appointments and tenures. They are not necessarily bound by the general civil service regulations. So, that is what distinguishes the civilian aspect of society from the military or paramilitary institutions existing in the country.”
He maintained that testing the matter in court would be beneficial, as it would help establish a clear legal precedent on the issue.
In his comment, a former chairman, Section of Public Interest and Development Law, Nigerian Bar Association, Monday Ubani, SAN, said the extension of the IG’s tenure was backed by an Act of Parliament, which supersedes the civil service rule in the hierarchy of laws.
Ubani said, “I am speaking from the angle of the law. The police act itself defined the powers of the IGP and its tenure. They amended it. It says that the four-year tenure runs irrespective of your age
“In other words, even if you have attained 60 years, by that act itself, you can now extend your tenure beyond the years you have clocked biologically. So that is the amendment that took place. “
Ubani further remphasized that in any legal conflict between the civil service rules and an Act of Parliament, the latter takes precedence.
He, however, urged that public discourse and democratic debate should be encouraged on the matter
“I wouldn’t like a situation where you publicly arrest someone like Sowore because he expressed his view. For the fact that he says you are an illegal I.G. does not invalidate the law. It shows that we are in democracy.”
Another senior lawyer, Ifeday Adedipe, SAN, also said Egbetokun’s tenure extension was legal.
He referenced a law signed by former President Muhammadu Buhari in 2020, which he believed the current administration was applying correctly.
“To the extent that the law was properly passed by the National Assembly and validly assented to by the executive, then the extension is valid. There is nothing whimsical or dictatorial about it,” he sai
Besides, he noted that the practice of appointing and replacing IGs within short timeframes disrupts continuity and weakens the efficiency of the force
“One of the things I worry about is this high turnover of Inspectors General of Police—one year, two and a half years, six months. The police will not develop a strong culture if leadership keeps changing so frequently,” he said.CONTINUE FULL READING>>>>>
He cited an example from the United States, where judicial and executive institutions are often associated with long-serving leadership, such as the “Warren Court” or the “Burger Court,” emphasizing that longevity in leadership fosters consistency and a recognizable administrative legacy.
Adedipe urged the government to prioritize institutional stability by allowing key officials, such as the IGP, to serve longer terms.
