Nigerians of diverse backgrounds have called out President Bola Tinubu on his decision to jettison the Constitution of the Federal Republic of Nigeria by extending the tenure of the serving Inspector General of Police, Kayode Egbetokun.
The House of Representatives on Tuesday approved the Police Act Amendment Bill to allow the occupant of the Office of the Inspector General of Police to remain in office until the end of the term stipulated in the letter of appointment.
The House decision followed the consideration and approval of President Bola Tinubu’s request, seeking an amendment of the Principal Act, to reflect on the tenure of the IGP.
The proposed legislation to amend the Nigeria Police Act 2020 seeks to guarantee the tenure of the IGP and enhance police operations by promoting accountability, modernising policing methods and fostering a more harmonious relationship between the police and the community.
When the executive bill was read on the floor of the House on Tuesday, lawmakers voted unanimously to pass it expeditiously.
The Senate similarly passed it at its sitting on Tuesday.
The Point recalls that earlier in July, police authorities denied allegations that incumbent IGP, Kayode Egbetokun made moves to influence the National Assembly to pass a bill seeking to raise the retirement age of officers.
“The terrible thing about it is that little by little, the country will drift into anarchy. It might not be now but surely it will get worse if precautions are not taken with the speed of light. We have a lot on hand to allow this kind of divisive tendencies. They will not do us any good as a country”
The President appointed Egbetokun as the IGP in June 2023 and he is expected to stay in office for four years. He was appointed alongside four new service chiefs.
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.
A copy of the bill obtained by The Point showed that Section 18 of the Principal Act is amended by the addition of a new Sub-Section (8A).
It 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.”
According to the civil service rule, public servants are mandated to retire on the attainment of 60 years of age or having spent 35 years in service, whichever comes first.
The alteration therefore, puts the statute in conflict with this rule regarding the age of retirement and years of service for the Inspector General of Police.
It’s an administrative rascality – Concerned Lawyers
A Group under the aegis of Concerned Lawyers, while reacting to the extension backed by the National Assembly’s alterations of the Police Act 2020 which will keep him in office beyond September described it as administrative rascality that has proven the Constitution to be a mere document without authority.
Speaking on behalf of the Group, Christaugonus Dimberi said, “Throughout the eight years in office of the immediate past President Muhammadu Buhari, he consistently disregarded the Constitution and the Police Act 2020, which he even signed into law in September 2020.
“Buhari abused and breached the legally stipulated procedures for the appointment of the Inspector General of Police. Now, his successor, President Tinubu has strongly tied his steps, running a continuum government thereby progressing in error.
“The Police Act 2020 prescribed four-year tenure for the Inspector General of Police. It was, therefore, expected that a person to be appointed Inspector General of Police should have no less than four years before his or her retirement date either through his or her age or years in service.”
Dimberi also argued that the Police Act of 2020 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 but expressed fears that this might not have been the case.
“It’s very worrisome that in appointing the current IGP, President Tinubu also followed the Buhari path by appointing him when he had barely two years to retire. And more worrisome is the fact that the president knows that the IGP has less than two years to retire but went ahead to appoint him. What would have been on his mind if not that he has the power and authority to do what he wants, after all his predecessor did it and heavens didn’t fall. You see, this is the crux of the matter. This is why Nigeria is where she is. Nobody among the ruling class or politicians thinks of the country. All their interest is on self and cronies. Otherwise, why should President Tinubu follow the steps of Buhari in taking wrong decisions thereby perpetrating error?
“There’s no other definition than that the country’s leadership has degenerated to what the president said during his campaign, “Emilokan”. Buhari did it for the Fulani, it’s my turn to do it. If he did it for his Fulani people, I have the power to do it for my Yoruba people. Trust me, this has destroyed the police force, the Constitution and generally, the laws of the land. The terrible thing about it is that little by little, the country will drift into anarchy. It might not be now but surely it will get worse if precautions are not taken with the speed of light. We have a lot on hand to allow this kind of divisive tendencies. They will not do us any good as a country.”
The legal luminary further accused those he described as hangers on people mistakenly tag cabals as the major problem of any government in power saying they hung on the greed of the leaders to advise them wrongly.
“We as citizens have a serious work to do if we must recover our country from these scavengers popularly regarded as cabals. Who are the cabals? Hangers on who scavenge for what to eat, means of remaining visible in every government. They are the problems of governance in the country. They find their ways to the corridors of power either by hook or crook. Have a checklist and you will confirm what I am saying. The only president and administration that resisted them was Obasanjo. They were there during late Yar’Adua, Jonathan but were most prominent during Buhari and unfortunately, Tinubu has tried the same steps of Buhari by inclining to tribe and religion. It’s really unfortunate.”
According to a lawyer and commentator on political matters, Jeanbosco Ayuba, “the extension of the tenure of the IGP is not only a disrespect to the laws of the country, it’s a pronouncement of the death of the Constitution. And the implications are that though in a democratic administration, the government is running a military government, secondly, it proves that the Constitution means nothing to the government that swore to uphold it and if that is the case, how on earth do we expect to have anything near good governance. Truly speaking, these steps taken by the governments, I mean both the previous and the present with much emphasis on the immediate past government of Buhari are the reason for the endless insecurity in the country.
“The nepotism in appointment has reduced our security agencies to the worst in the history of our country. We are talking about a country whose military rescued countries like Liberia and Sierra Leone and assisted them to enshrine democracy but back home we cannot secure ourselves.
“The decision to elongate the tenure of the IGP when it has a statutory tenure is passing a message of division in the country. A president from the North did it. Why can’t I from the south do it? Have a thorough check of the policies and appointments of this government; it’s reflecting exactly what former President Buhari did. He flooded his administration with Muslim Fulani that are of course from the North and all his policies favoured them. Now look at the appointments and policies of the present administration, the same thing is prevailing. Why should a president override the constitution and treat constitutional matters with disdain just because his tribesman is the IGP. These have consequences.”
He advised the government to trade cautiously on matters affecting the constitution and noted that a country without a constitution or that cherry picks what to obey and what not to obey in her constitution is a banana republic.
“We have advised at different fora that no matter what, the government must ensure that the constitution is respected and the laws are obeyed. A situation where people become the law and Constitution is worrisome. An Act on the police was passed by the National Assembly; the former president signed it into law. Terribly, the same president jettisoned its operation because his tribesman must remain in office even when he was due for retirement. I remember some lawyers went to court as a result of that.
“Now the precedent which was set has been followed by this administration. Where is it leading us to? Imagine also that the National Assembly in their right senses agreed to alter the Act to suit the president and his cronies. This is not governance at all.”
‘It can’t stand, I will challenge it in court’
A human rights lawyer, Maxwell Opara, while reacting said, “It will not happen. It cannot stand at all. I will challenge it in court. We are not a banana republic. Giving it a thought in the first place is unthinkable and I can assure you that it cannot stand.”
Opara, who was at the fore in fighting against the same anomaly perpetrated by former president Buhari told The Point that he does not even see it as workable and cautioned those selling the idea to the president to desist from the venture which would only end up ridiculing Mr. President and his administration.
Elder statesman, Ikenga Adighibemma, said what has been playing out from the first year in office of former President Muhammadu Buhari is a confirmation of the description of Nigeria as a mere geographical expression by late Pa Obafemi Awolowo.
He said the former president disintegrated the country and fragmented it to religious and tribal lines and as such, nobody should blame President Tinubu in matters like that because whatever he is doing now is to strike a balance.
“When Pa Awolowo said Nigeria is a mere geographical expression, many people didn’t understand him. This was explained in 2015 by the former President Muhammadu Buhari’s government where he clearly proved to us that there was no Nigeria and that all we have is Fulani, Hausa, Igbo, Yoruba and so on. Remember that his government signed the Act 2020 for the police into law but till he left office, he never honoured the act in dealing with police matters. He shunned the Act and extended the tenure of the then IGP even when the matter was challenged in court. What is good for the goose is good for the gander, so the saying goes. Before I am mistaken to be in support of the error that is capable of worsening our security situation, I want to unequivocally say that disrespect for a nation’s constitution by any government is an impeachable offence. Mr. President must not allow himself to be dragged into such a mess because the country is overloaded with situations begging for attention.
“President Tinubu should be comfortable with anyone he appoints as IGP. The IGP must not be a Yoruba man. All he needs is a naturally loyal officer to take charge when the current one retires and as such he should drop the idea of keeping him a day beyond his retirement date. But if he wants to continue with the legacy of his predecessor, it’s all his to decide but he must bear it in mind that he has a place in history either good or bad.”
A retired Deputy Inspector General of Police who pleaded anonymity said it’ is a mess of the Nigeria Police.
He lamented that politicians are stopping at nothing to destroy every system in the country.
“This is nothing but a plot to mess up the Nigeria Police by the politicians. They have destroyed the courts, the civil service, organised labour and now, the next step is the police and after that, they go to the military and faith based institutions. All these are aimed at using whatever is at their disposal to win elections. It’s a sorrowful situation because there seems to be no solution anywhere as we are now a captured people.”
It’s a bad omen, says RULAAC
Also in its reaction, a non-governmental organization, the Rule of Law and Accountability Advocacy Centre, has expressed strong opposition to President Tinubu’s sponsorship of an Executive Bill aimed at extending the tenure of the Inspector-General of Police, who is due to retire in a few weeks in accordance with civil service rules and the Police Act 2020.
RULAAC said it found it even more alarming that both chambers of the National Assembly passed the Bill in a single day without holding a public hearing, describing this as a bad omen.
In a statement signed by its Director, Okechukwu Nwanguma, RULAAC lamented that the National Assembly has become a rubber-stamp, pandering to the whims and caprices of the President and his allies.
The organisation condemned the President’s action as not only undemocratic but also abusive, lacking in transparency, and setting a negative precedent.
The statement partly read, “The passage of the bill without a public hearing is undemocratic and goes against the principles of separation of powers and public participation in governance. This implies that the voices of the people are not heard, and the democratic process is subverted.
“They have destroyed the courts, the civil service, organised labour and now, the next step is the police and after that, they go to the military and faith based institutions. All these are aimed at using whatever is at their disposal to win elections”
“The speedy and unchallenged passage of the bill raises concerns about abuse of power and violation of due process. The implication is that the President is using his influence to extend the tenure of the current Inspector General of Police without following due process, which may undermine public trust and confidence in the government.
“The lack of transparency and accountability in the passage of the bill implies that the government does not value the opinions of the people and lacks transparency in its decision-making process.
“The speedy passage of the bill sets a precedent for future Executive Bills to be passed without proper consultation or scrutiny. This may erode the integrity of the legislative process and weaken democratic institutions.”
According to the group, the actions of the National Assembly (Senate and House of Representatives) portray them as a parliament that lacks independence and panders to the whims and caprices of the executive arm of government.
“The National Assembly is clearly a weak and ineffective institution incapable of upholding the principles of democracy and checks and balances. It’s a rubber-stamp parliament that merely follows the directives of the president and his political allies.
“It’s an undemocratic parliament that does not represent the interests of the masses but instead serves the interests of a select few. It undermines the essence of democracy by reducing the voice of the people and placing too much power in the hands of the executive arm of government,” it said.
The bill failed to gain support from stakeholders at a hearing held by the House of Representatives Committee on Police Affairs on Wednesday, June 26, 2024.
The bill, aimed at amending the Nigeria Police Act 2020, sought to increase the retirement age of police officers from 60 to 65 years and their tenure of service from 35 to 40 years.
It was gathered that the Inspector General of Police, Kayode Egbetokun, who was set to retire by September 2024, was behind the bill and had allocated a significant amount of funds to lobby for its passage.
The proposed extension of the service year and retirement age for police officers was met with widespread criticism from key stakeholders, including the Police Service Commission, the Ministry of Police Affairs, and the National Salaries and Wages Commission during the public hearing.
It was learnt that senior police officers were angered by the move, which was described as selfish.
The Ministry of Police Affairs in its submission warned that implementing the extension would have unintended and far-reaching consequences, detrimental to the overall health and operations of the police force.
Moreover, it would set a dangerous precedent for other agencies, such as the military and paramilitary organisations.
The ministry also argued that increasing the service years of police personnel would lead to stagnation, hindering progress and innovation within the force, while also negatively impacting motivation and adaptability.
