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An Abuja-based lawyer has dragged President Bola Ahmed Tinubu and the Nigeria Police Council to the Federal High Court in the nation’s capital city due to accusations of extending the term of service for the current Inspector General of Police (IGP), Kayode Egbetokun, beyond the legal limit.
Specialized in Public Interest Litigation and Human Rights, Maxwell Opara, who filed the case, is challenging the constitutionality of the extended service for Egbetokun under the revised Police Act.
In the lawsuit, Opara is seeking a court order to prevent Egbetokun from continuing to act as the Inspector General of Police of the Nigeria Police Force, either on his own or with the help of his staff.
Naija News reports that the complaint centres on the fact that, according to Section 9 of Chapter 2 of the Public Service Rules 2023, Egbetokun, as a public official, should retire at the age of 60 or after 35 years of service, whichever comes first.
The case lists Egbetokun, the Nigeria Police Force, the Nigeria Police Council, the Federal Republic of Nigeria President, and the Federal Civil Service Commission as the first to fifth defendants.
Additionally, the lawyer is requesting the court to examine whether, considering the Federal Executive Bodies and their positions listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), these positions fall under the Federal Public Service.
“Whether officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.
“Whether having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.
“Whether there is a need for formal notification of termination of an appointment where the Law provides for time-frame within which such appointment ought to terminate.
“Whether an appointment terminated by operation of Law can be retrospectively resurrected by a subsequent amended law.
“Whether upon reaching the age of retirement as envisaged by the public service rules, the 1st Defendant can still be allowed to remain in office,” Opara stated in the suit.
Upon resolution of the raised issues, the plaintiff seeks a declaration that having regard to Federal Executive Bodies and their offices listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) means offices in the Public service of the Federation.
“A declaration that officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.
“A declaration that having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is the age of 60 or having served 35 years of pensionable service whichever is earlier.
“A declaration that once there is termination of an appointment by effluxion of time in Law, there will be no need for a formal notification of termination as the appointment would be deemed terminated upon effluxion of time taking place.
“A declaration that an appointment terminated by operation of Law cannot be retrospectively resurrected by a subsequent amended law.
“A declaration that the 1st Defendant cannot remain in office upon reaching the age of 60 on the 4th of September 2024 and is compulsorily retired as envisaged by the public service rules.
“A declaration that only actively employed, non-retired Police Officers are eligible for appointment to the office of the Inspector General of Police,” the suit supported with an 18-paragraph affidavit reads.
However, no specific date has yet been fixed for the hearing of the suit, Naija News understands.
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