The Federal High Court in Abuja has summoned President Bola Ahmed Tinubu and the Nigeria Police Council due to an alleged illegal extension of the mandate of the current Inspector General of Police, Kayode Adeolu Egbetokun.
Maxwell Opara, a human rights activist and public interest litigator from Abuja who started the action, is arguing that the tenure extension given to Egbetokun under the modified Police Act is illegal.
In the lawsuit, Opara requests an injunction prohibiting Egbetokun, acting alone or via his representatives and subordinates, from holding, presenting, or parading himself as the Nigeria Police Force’s Inspector General of Police.
The attorney’s complaint pertained to Section 9 of Chapter 2 of the Public Service Rules 2023, which stipulates that Egbetokun’s mandatory retirement as a public servant will occur upon reaching 60 years of age or after completing 35 years of pensionable service, whichever comes first.
Kayode Adeolu Egbetokun, the Nigeria Police Force, the Nigeria Police Council, the President of the Federal Republic of Nigeria, and the Federal Civil Service Commission are named as the first through fifth defendants in the lawsuit, respectively.
The attorney is requesting that the court, among other things, “examine whether having reference to Federal Executive Bodies and their offices stated in Section 153 of the Federal Republic of Nigeria (as amended) means offices in the Public service of the Federation.
“Whether officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.
“Whether having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.
“Whether there is a need for formal notification of termination of an appointment where the Law provides for time-frame within which such appointment ought to terminate.
“Whether an appointment terminated by operation of Law can be retrospectively resurrected by a subsequent amended law.
“Whether upon reaching the age of retirement as envisaged by the public service rules, the 1st Defendant can still be allowed to remain in office.”
After the issues have been resolved, the plaintiff requests a declaration that, with respect to the Federal Executive Bodies and their offices specified in Section 153 of the Federal Republic of Nigeria 1999 Constitution (as amended), this includes positions in the Federation’s public service.
“A declaration that officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.
“A declaration that having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is the age of 60 or having served 35 years of pensionable service whichever is earlier.
“A declaration that once there is termination of an appointment by effluxion of time in Law, there will be no need for a formal notification of termination as the appointment would be deemed terminated upon effluxion of time taking place.
“A declaration that an appointment terminated by operation of Law cannot be retrospectively resurrected by a subsequent amended law.
“A declaration that the 1st Defendant cannot remain in office upon reaching the age of 60 on the 4th of September 2024, and is compulsorily retired as envisaged by the public service rules.
“A declaration that only actively employed, non-retired Police Officers are eligible for appointment to the office of the Inspector General of Police.”
Pastor Nnenna Maxwell Opara filed the lawsuit on behalf of the plaintiff, backed up by an 18-paragraph affidavit.
A hearing for the lawsuit has not yet been scheduled.
