The Police Service Commission has directed the immediate retirement of all senior police officers who have exceeded 35 years in service or are above 60 years of age.
This directive comes in the wake of controversy surrounding the tenure extension of the Inspector General of Police, Kayode Egbetokun, who recently turned 60.
In a statement, the PSC’s Head of Press and Public Relations, Ikechukwu Ani, revealed that the Commission had revisited a decision from its 24th plenary meeting in September 2017, which allowed force entrants to use their date of enlistment rather than their appointment date for determining retirement.
However, the Commission has now reversed this stance, citing its inconsistency with Public Service Rule No. 020908 (i & ii), which mandates retirement at either 35 years of service or 60 years of age.
“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,” Ani stated.
He further explained that the 2017 decision contradicted the principle of service merger in the public sector and violated the public service rule on retirement.
The PSC’s ruling has intensified legal discussions surrounding the IGP’s extended tenure. Senior Advocate of Nigeria (SAN), Kunle Adegoke, acknowledged that while the move does not explicitly breach any constitutional provisions, its legality remains open to judicial interpretation.
“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,” Adegoke explained.
He also pointed out that the police and military operate under unique regulations, separate from general civil service rules.
“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.”
Adegoke suggested that a court ruling on the matter could establish a legal precedent for future cases.
Similarly, a former chairman of the Section of Public Interest and Development Law of the Nigerian Bar Association, Monday Ubani, SAN, argued that the extension of the IGP’s tenure is backed by an Act of Parliament, which holds more legal weight than civil service rules.
“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 emphasized that in any legal conflict between the civil service rules and an Act of Parliament, the latter takes precedence. However, he also advocated for open public discourse on the issue.
“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, Ifedayo Adedipe, SAN, also defended Egbetokun’s tenure extension, citing a law signed by former President Muhammadu Buhari in 2020.
“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 stated.
Adedipe raised concerns over the frequent turnover of IGPs, arguing that it undermines the efficiency of the police 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.”
Drawing comparisons to institutional stability in the United States, he referenced the longevity of judicial and executive leadership, such as the “Warren Court” and the “Burger Court,” as examples of how continuity fosters administrative consistency.
Adedipe urged policymakers to consider extending the tenure of key officials like the IGP to ensure stability.
“If someone is appointed Inspector General of Police, let him serve for five or six years. That way, we can assess his leadership properly, rather than removing people arbitrarily to satisfy political interests,” he said.
