Nigeria’s Inspector General of Police, Kayode Egbetokun, 60, is no doubt a fine officer who worked his way to the tippy top of policing business in Nigeria and hopes to leave a legacy of service, unmatched dedication to duty and unwavering loyalty to his fatherland.
There are, however, growing concerns by some Nigerians that Egbetokun could be turning into another Hamza Al-Mustapha, the once-dreaded Chief Security Officer of the late Military Head of State, Sani Abacha.
Egbetokun and Al-Mustapha are definitely not bedfellows by any stretch of the imagination, but comparisons are still being drawn between them.
The former currently holds sway as police boss in a democratically elected government, whereas the latter used to be a Nigerian Army Major and intelligence officer in a Military regime that is reputed to be the most brutal in the history of Nigeria.
Observers say that the manner in which Egbetokun is going about the enforcement of the law and how Al-Mustapha went about this could be responsible for the seeming similarities between them.
While Al-Mustapha, now a politician, leveraged Decree Two to unleash terror on those who dared to stand up to Abacha’s totalitarian government, Nigerians point at the Cybercrime Act as Egbetokun’s go-to law for dealing with “recalcitrant” Nigerians.
A political analyst, Muyiwa Bello, said, “There are many Nigerians who have drawn a battle line against the government.
“We know many of these Nigerians. They will always resist what they call government injustice and high-handedness.
“Laws that are perceived as checking free speech, like Decree 2 that was used in the past by the military, and the Cybercrimes Act give the authority the power and ability to try these Nigerians.
“However, I don’t think there is any ground for comparison between Egbetokun and Al-Mustapha.”
“The danger is not just with the IGP, but the whole system. Let’s not just be thinking of the tree, branches or the top of the tree. Let’s also look at the roots – the foundation of what is happening”
Before the State Security (Detention of Persons) Decree of 1984, or Decree Two, was repealed, it allowed various military juntas to detain, without charge, persons suspected of acts prejudicial to state security or harmful to the economic well-being of the country.
And Nigerians will recollect that Decree Two, when invoked, could suspend the detainee’s civil liberties and was the ultimate harassment tool in the hands of military regimes.
On the other hand, the 2015 Cybercrimes (Provision, Prevention, etc) Act was signed into law by former civilian President, Goodluck Jonathan.
The law was enacted to provide cyber security and cybercrime prevention but Nigerians have chided the government for allegedly using it to harass Nigerians.
The law was amended in 2024 after the Economic Community of West African States court ruled that it was unconstitutional to prosecute an alleged offender because he or she insulted or annoyed another person online.
After the order by the ECOWAS court was executed, phrases and words like “criminal intimidation”, “grossly offensive”, “insult” and “annoyed” were removed from the controversial section.
The Police are usually accused of using Section 24, a part of the Act that talks about Cyber stalking, to nail Nigerians.
Last week, the police used the law to detain and charge a former Presidential candidate and activist, Omoyele Sowore, to court.
Sowore was in December last year driving to the airport and encountered some policemen who mounted a stop-and-search checkpoint along the Abuja Airport road.
He was asked to park his vehicle but he refused, insisting that the checkpoint was illegal since it was mounted along the road that led to the airport.
He was eventually permitted to drive off by the policemen but not before exchanging insults with the officers.
Later, Sowore posted the encounter on his X handle and addressed Egbetokun as “illegal IGP,” hence the start of his woes.
The Police invited him to the Force Intelligence Headquarters, Abuja, over allegations of disobedience to lawful orders, resisting and obstructing public officers, cyber stalking and other offences.
The activist rejected what he termed as the administrative bail conditions granted to him by the police, opting to stay in prison instead.
He was subsequently detained at the Police Intelligence Response Team detention facility in Abuja and last week pleaded not guilty to seventeen-count Cybercrime charges brought against him by the police.
The Human Rights Writers Association of Nigeria said that charging Sowore to court for cybercrime was an abuse of power by the IGP.
According to the Association’s National Coordinator, Emmanuel Onwubiko, HURIWA condemns the trumped-up and orchestrated illegal charges for cybercrime allegedly filed against Sowore by the IGP for reportedly calling him an “illegal IGP.”
HURIWA also said that Egbetokun was derailing from the constitutional mandate of the NPF by “misusing and abusing the powers of the office of the IGP” against citizens who express their opinions supported by Chapter 4 of the 1999 Constitution, as regards the freedom to exercise rights to free speech and freedom of expression.
“The latest charges reportedly filed by the IGP against Mr. Omoyele Sowore is absolutely despicable, politically motivated and is a direct affront to the constitutionally guaranteed freedoms which are inalienable, universal and all persons and authorities in Nigeria are bound by the provisions of the Grand Norm of Nigeria which is the extant constitution.
“What the IGP is doing amount to abuse of power and corruption of the high office of the IGP which is prohibited by section 15(5) which says: “The state shall abolish all corrupt practices and abuse of power those kangaroo charges been inherently illegal and unconstitutional, should be withdrawn henceforth,” Onwubiko said.
Asked by The Point whether there are grounds for comparison between Egbetokun and Al-Mustapha, a former Presidential candidate, Martin Onovo, answered in the affirmative.
Onovo also listed some “sins” committed by the police before adding that it may be easier to forgive Al-Mustapha than to forgive Egbetokun’s excesses.
“Clearly there are (grounds for comparison). Remember the raid of the NLC headquarters in Abuja. Remember the young protesters charged to court for treason. Remember the protesters detained for months without trial.
“What is Sowore’s offence now? What was (Dele) Farotimi’s offence? Criminal defamation? Is that a valid criminal offence? Is Mr. Egbetokun’s tenure as IGP not over? What is he doing in that office?
“In addition Major Mustapha was CSO to a military Head of State and has a more sensitive position but Police simply need to enforce the law following due process. So, it may be easier to forgive Major Mustapha than to forgive Egbetokun’s excesses,” Onovo argued.
On his part, a current affairs analyst, Maxwell Igwe, noted, “What the IGP is doing to opponents of the government is not encouraging at all.
“What is the difference between what he is doing and what Al-Mustapha did?
“In both cases, we notice that the two governments had relied on unpopular laws to silence and intimidate anyone that opposes them.
“If the government and the IGP know that they don’t want to be associated with decree 2 or Al-Mustapha, they should still amend the Cybercrime Act or better still, do away with it.
“The law has caused enough trouble already. And don’t forget that many Nigerians have been arrested because of the Cybercrime Act, and we have had enough.”
A legal practitioner, Fred Aigbadumah, said there should be no grounds for comparison since a military regime and democratic government are involved.
He also said focus should be removed from Egbetokun and put on the system.
Aigbadumah said, “Abacha’s government was a pure military regime. So you expect everything that goes with military regimes – the characteristics – like dictatorship, the martial law and all others that go with it.
“What we are experiencing today in Nigeria is democracy. And that is where the danger and the evil of one-party system comes in because every button is leading to a clear direction that Nigeria may be turned to a one-party state.
“And once you see that (one-party state), you expect the twin brother of one-party state – dictatorship, authoritarianism or totalitarianism – with their elder sister being tyranny.
“So, the danger is not just with the IGP, but the whole system. Let’s not just be thinking of the tree, branches or the top of the tree. Let’s also look at the roots – the foundation of what is happening.
“We now have what is called criminal defamation and civil defamation under this regime. But hitherto and still under the law, there is nothing like pure criminal defamation.
“So, Cybercrimes law is now being used to bring in people, like Sowore, that are being tried.
Aigbadumah called what is happening “civilian dictatorship,” arguing that if Egbetokun was not granted the power nor had his tenure extended, he would not have been in office “doing all these.”
The Attorney General of the Federation, Lateef Fagbemi, has defended Egbetokun’s continuous stay in office, saying it is legal and lawful.
The AGF said Egbetokun’s appointment, which took effect from October 31, 2023, would have come to an end on his attainment of 60 years of age on September 4, 2024.
According to the AGF, “Before his retirement age, the Police Act was amended to allow the occupant of the office to remain and complete the original four year term granted under Section 7 (6) of the Act, notwithstanding the fact that he has attained the age of 60 years.”
