Lawyer Demands Constitutional Amendment for Police IG’s Tenure Extension

By Achimi Muktar

In a bold move shaking Nigeria’s legal landscape, Tonye Jaja, a respected legal practitioner and secretary of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has called for a sweeping constitutional change to legitimize the tenure extension of Inspector General of Police (IGP) Kayode Egbetokun.

Jaja, in a letter addressed to the Attorney General of the Federation (AGF), Lateef Fagbemi, SAN, has sharply criticized Fagbemi's recent statement that declared Egbetokun's extended tenure as lawful. According to Jaja, such a move can only be legal through an alteration of the 1999 Constitution, a stance that has ignited heated debate within legal and political circles.

Egbetokun, appointed as IG on October 31, 2023, was initially set to retire on his 60th birthday, September 4, 2024. However, in a controversial turn of events, the Police Act was amended to allow the IG to complete his four-year term, despite the looming retirement age. The AGF subsequently declared that this amendment had legally extended Egbetokun's tenure to 2027.

Jaja, however, disagrees, asserting that such a significant change to the tenure of the office of the Inspector General of Police can only be made through an amendment to Sections 214, 215, and 216 of the 1999 Constitution. He emphasizes that the office of the IG is a constitutional creation, meaning only constitutional alterations can dictate changes to its tenure, not legislative amendments like the one seen in the Police Act.

In his letter, Jaja points to the Fifth Alteration Act of 2023, which adjusted the retirement age for judicial officers, as evidence that changes to constitutional offices require formal amendments to the Constitution itself.

He warns that the failure to amend the Constitution properly could lead to legal action. Should the AGF fail to address the issue, Jaja and his colleagues at ALDRAP are prepared to seek judicial clarification at the National Industrial Court of Nigeria.

This legal drama, pitting constitutional integrity against legislative changes, is poised to unfold with potential wide-reaching implications for the future of Nigeria's legal and political landscape.