The organisation said that the amendment of the Police Act by the National Assembly and elongation of the IGP was not only unjustifiable but an embarrassing action intended to serve selfish and political agenda.
Human rights advocacy organisation, the Rule of Law and Accountability Advocacy Centre (RULAAC), has faulted the National Assembly amendment of the Nigeria Police Act, 2020 and extension of the tenure of the Inspector General of Police, IGP Kayode Egbetokun, beyond September 2024.
The organisation said that the amendment of the Police Act by the National Assembly and elongation of the IGP was not only unjustifiable but an embarrassing action intended to serve selfish and political agenda.
The RULAAC in a statement issued on Tuesday by its Executive Director, Okechukwu Nwanguma, in reaction to the Police Act amendment by the National Assembly, said the IGP Egbetokun who was appointed by President Bola Tinubu on June 19, 2023 was expected to retire from the Nigeria Police Force on September 4, 2024.
Nwanguma said “This is based on the civil service rule, which stipulates that public/civil servants are mandated to retire on the attainment of 60 years of age or having spent 35 years in service, whichever one comes first.
“Today's alteration of the Police Act 2020 puts the Statute in conflict with the civil service rule with regards to age of retirement and years of service for the Inspector-General of Police.
“Throughout his eight years in office, former President Buhari consistently disregarded the Constitution and the Police Act 2020, which he signed into law in September 2020. He breached the legally stipulated procedures for the appointment of the Inspector General of Police.”
According to Nwanguma, “The Police Act 2020 prescribed a four-year tenure for the Inspector-General of Police. It was, therefore, expected that a person to be appointed Inspector-General of Police should have no less than 4 years before his/her retirement date.
“The Police Act also required that the Police Council meets to advise the president on the appointment of a new IGP when there is a vacancy, among other roles.
“Unfortunately, former President Muhammadu Buhari, in all the appointments he made while in office, was not known to have ever convened the Police Council, but instead, single-handedly handpicked and appointed an officer of his choice as IGP even when the officer’s retirement date wad was far behind the stipulated tenure of office.”
He said “One outstanding example was the appointment of the former IGP, Usman Baba, on April 6, 2021, while he was expected to retire from the police on March 1, 2023, when he attained 60 years of age.”
Nwanguma stressed that in appointing the current IGP, “President Tinubu also followed this similar path by appointing him when he had barely two years to retire.
“President Tinubu was expected to avoid the wrongful, patently illegal, and unconstitutional steps of the past, which led to controversies and judicial challenge of appointments made by the president. This, unfortunately, became the norm.
“The President was expected to live by example and demonstrate his oft-repeated commitment to the rule of law and constitutionalism by ensuring that the appointment of the next IGP to replace Egbetokun who was expected to retire in the first week of September 2024 was done in total compliance with Constitutional and Statutory stipulations.
“The appointment was expected to have been devoid of nepotism or other forms of favoritism or partisan political considerations.
“Unfortunately, the President has continued with the anomalous practice of extension of the tenure of a "preferred' IGP.
“The negative effect is that while his mates would retire on the due date, he remains in service and office, stagnating the rise of numerous officers under him. This is unfair. It kills morale and breeds discontent and indiscipline.
“In the past this has also taken the form of premature retirement of Assistant and Deputy Inspectors-General of Police to fulfill the requirements of paragraphs 2 and 6, Section 7 of the Police Act 2020, which requires that officers must be no less than the rank of an AIG to be appointed Inspector-General of Police.
“President Tinubu is not known to have consulted the Police Council, which he chairs, to secure the concurrence of its members in the appointment process, as required by both the Constitution and the Police Act.
“It is appalling that politics of self interest could be taken so far as to amend the Police Act in order to achieve the extension of tenure of an IGP who otherwise was due to retire and vacate office.
“It was expected that President Tinubu would avoid a repeat of the pitfalls, errors, and brazen illegalities of the past.
“He was looked upon as a self acclaimed democrat to ensure that appointments are based on legal and constitutional stipulations, merit, competence, qualifications, seniority, and existing line of succession.
“The President has betrayed the hope and expectation that he would chart a refreshingly new course, in tandem with his expressed commitment to the rule of law and the undertaking he publicly gave in his inauguration address on May 29, 2023.”