An Abuja-based lawyer, Maxwell Opara, has filed a lawsuit against President Bola Ahmed Tinubu and the Nigeria Police Council at the Federal High Court in Abuja, challenging the alleged extension of service for the current Inspector General of Police (IGP), Kayode Egbetokun, beyond the legal retirement limit.
Opara, a specialist in Public Interest Litigation and Human Rights, is contesting the constitutionality of the extension granted to Egbetokun under the revised Police Act. He is seeking a court order to prohibit Egbetokun from continuing in his role as IGP, either independently or with the support of his staff.
The crux of Opara’s argument is based on Section 9, Chapter 2 of the Public Service Rules 2023, which mandates that public officials must retire at the age of 60 or after 35 years of service, whichever comes first. Opara’s lawsuit names Egbetokun, the Nigeria Police Force, the Nigeria Police Council, the President of the Federal Republic of Nigeria, and the Federal Civil Service Commission as the first to fifth defendants, respectively.
The lawyer is also requesting that the court determine whether positions listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) fall under the Federal Public Service, and if officers in these positions are subject to the Public Service Rules.
Opara raises several legal questions in his suit, including whether public service officers listed in Section 153 of the 1999 Constitution are required to retire at 60 or after 35 years of service, and whether an appointment terminated by law can be retrospectively reinstated by a subsequent amended law. He also questions whether an individual can remain in office after reaching the stipulated age of retirement under the public service rules.
Upon resolving these issues, Opara seeks multiple court declarations, including that the IGP’s position is an office within the Federal Public Service and subject to its rules. He contends that Egbetokun cannot legally continue in office after reaching the age of 60 on September 4, 2024, and should be compulsorily retired under the public service rules.
The suit, supported by an 18-paragraph affidavit, also seeks a declaration that only active, non-retired police officers are eligible for appointment as Inspector General of Police.
As of now, no date has been set for the hearing of the case.
