The Court Has Not Declared IGP Position Or Egbetokun Illegal – SAN

A Senior Advocate of Nigeria (SAN), Ayotunde Ogunleye, has declared that the position of the Inspector General of Police (IGP) or its occupant, Kayode Egbetokun, has not been declared illegal by any court.

The Publisher Nigeria reports that there have been debates over the legality of the IGP’s tenure, with many saying Egbetokun ought to have retired since he is over 60 years old.

Recall the 2023 presidential candidate of the African Action Congress (AAC), Omoyele Sowore, who has been one of the vocal critics of IGP Egbetokun’s continuous stay in office.

Sowore repeatedly labelled Egbetokun as an “illegal” IGP, citing the public service rules of the country, which peg the retirement age for public servants at 60 years and serving for more than 35 years.

However, Ogunleye, while speaking on Friday’s edition of Channels Television’s Politics Today, said Egbetokun’s tenure is legally binding, squashing claims about the legality of his continued stay in office.

Ogunleye dismissed Sowore’s comments, describing them as an opinion to which every Nigerian is entitled.

He said, “My opinion is that upon a proper appreciation of the law – particularly taking into consideration the amendment to the [Police] Act in 2024 and the declaration or statement or advisory issued by the Office of the Honorable Attorney General- Kayode Egbetokun, our honorable Inspector General of Police, is legitimately occupying his office,” he said on Friday’s edition “That is the law.”

“The court has not declared that office illegal or that the occupant is occupying it illegally. It is therefore wrong for anybody to assume the position of adjudication and make such a bold statement which is his own opinion,” the SAN said.

“Mr Sowore is entitled to express his opinion because there is freedom of expression in Nigeria. But what we should not do is to mistake our opinions and use them to replace facts and law because that would in itself be wrong.”

The Police Service Commission (PSC) had earlier directed all senior officers over 60 and those who have served for more than 35 years to retire, but Ogunleye said the agency has no power to retire the IGP.