Posted by The current Inspector General of Police, Kayode Adeolu Egbetokun, is facing allegations of an unconstitutional tenure extension, which has led President Bola Ahmed Tinubu and the Nigeria Police Council into the Federal High Court in Abuja.
Lawyer and human rights activist Maxwell Opara of Abuja’s Public Interest Litigation group is challenging Egbetokun’s tenure extension as unlawful under the revised Police Act.
In the lawsuit, Opara is requesting a court order prohibiting Egbetokun, either alone or with the help of his agents and subordinates, from posing as the Nigeria Police Force’s Inspector General of Police.
Section 9 of Chapter 2 of the Public Service Rules 2023 states that Egbetokun is required to retire as a public worker when he reaches 60 years of age or 35 years of pensionable service, whichever comes first. This is the point on which the lawyer is frustrated.
The Federal Civil Service Commission, the President of the Federal Republic of Nigeria, the Nigeria Police Force, the Nigeria Police Council, and Kayode Adeolu Egbetokun are the first through fifth defendants, respectively, in the lawsuit.
With respect to Federal Executive Bodies and their offices stated in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it means offices in the Public service of the Federation, among other things, the lawyer is urging the court to examine.
“Are the Public Service Rules applicable to the officers of the entities listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)?”
According to Section 9 of Chapter 2 of the Public Service Rules 2023, the 1st Defendant is required to retire as a public servant when they reach the age of 60 or have served 35 years of pensionable service, whichever comes first.
The question is whether a formal notice is necessary to end an appointment when the law specifies a certain amount of time that it should.
“Can a later amended law bring back an appointment that was terminated by operation of law?”
“Can the 1st Defendant still be allowed to remain in office once they reach the age of retirement as envisaged by the public service rules?”
Following the settlement of the matters at hand, the plaintiff is seeking a declaration that, in reference to the Federal Executive Bodies and the positions they hold, as defined in Section 153 of the Federal Republic of Nigeria’s 1999 Constitution (as amended), this means positions within the Federation’s public service.
This is a proclamation that the Public Service Rules apply to the officials of the organizations mentioned in Section 153 of the Federal Republic of Nigeria’s 1999 Constitution (as amended).
With reference to Section 9 of Chapter 2 of the Public Service Rules 2023, it is declared that the 1st Defendant is required to retire as a public worker at the age of 60 or after 35 years of pensionable service, whichever comes first.
It is not necessary to formally notify the termination of an appointment when it occurs due to the passage of time; the appointment is considered terminated when this occurs.
An affirmation that a later modified law cannot reinstate an appointment that has already been terminated by operation of law.
“An official statement stating the first defendant is required to retire in accordance with the public service standards since he will not be able to continue serving once he is 60 years old on September 4, 2024.
“A declaration that the office of the Inspector General of Police may only be filled by currently serving police officers who have not yet retired”
Pastor Nnenna Maxwell Opara filed the plaintiff’s affidavit, which consists of 18 paragraphs, in support of the lawsuit.
The lawsuit has not yet had a hearing date set.