This public service rule was emphasised in a circular dated July 27, 2009, signed by the then Head of the Civil Service of the Federation, Stephen Oronsaye.
The interpretation of the Nigerian Public Service Rules stipulates that career public officers, including the Inspector General of Police, must resign from their positions before taking up tenure appointments to ensure their term runs uninterrupted.
If they do not resign before the start of their tenure appointments, they must retire upon reaching the mandatory age or years of service.
Therefore, the extension of the tenure of Inspector General of Police Kayode Egbetokun beyond his retirement age is a violation of these rules.
This public service rule was emphasised in a circular dated July 27, 2009, signed by the then Head of the Civil Service of the Federation, Stephen Oronsaye.
The circular was addressed to the Principal Secretary to the President, all ministers and ministers of state, the Secretary to the Government of the Federation, Service Chiefs, the Inspector General of Police, and other key officials.
Titled ‘Interpretation of Public Service Rules on Compulsory Retirement Age/Year of Service in Relation to Tenured Appointment of Serving Public Officers,’ the circular was issued under reference number CSF/EMS/EIR/B.63694/IV/T/96.
Oronsaye said, “The attention of the Federal Government has been drawn to the need to ensure correct interpretation of the Public Service Rules on compulsory retirement age/year of service in relation to tenured appointment of career public officers who are serving as Executive Directors or Directors-General and Chief Executives of Parastatals, Agencies and Government-owned Companies.
“For the avoidance of doubt and in order to maintain discipline and integrity of the Public Service, extant Public Service Rules, which prescribe 60 years of age or 35 years of Service for mandatory retirement, should strictly be compiled with.
“Accordingly, the following guidelines shall apply: that career officers who wish to take up tenured appointments should, at the point of taking up the appointment, retire from service to ensure they run their term uninterrupted;
that career officers who have not retired or choose not to retire from service, before the commencement of their tenured appointment, must leave office on attainment of the mandatory age/years of service for retirement.” Lastly, Oronsaye noted added that “career officers who are currently holding tenured appointments are required to retire from the service with immediate effect and continue to run their term”.
“Failure to do so would mean that they would vacate office on attaining the mandatory retirement age or at the expiration of their term, whichever comes first,” he added.
Oronsaye urged that the content of the circular “should be brought to the notice of all concerned for strict compliance and uniform application in federal parastatals and agencies”.
The circular was also addressed to the Principal Secretary to the Vice President, the Chief Economic Adviser to the President, Special Advisers/Senior Special Assistants, the Governor of the Central Bank of Nigeria, and the Chairman of the Federal Civil Service Commission.
Other recipients included the Chairman of the Police Service Commission, Chairman of the Code of Conduct Bureau, Chairman of the Code of Conduct Tribunal, Chairman of the Federal Character Commission, and the Chairman of the Revenue Mobilization, Allocation, and Fiscal Commission.
Others are the Chairman, Federal Inland Revenue Service; Chairman, Independent National Electoral Commission; Chairman, National Population Commission; Chairman, Independent Corrupt Practices and Other Related Offences Commission; Chairman, Economic and Financial Crimes Commission; Chairman, National Drug Law Enforcement Agency; All Permanent Secretaries and Heads of Extra-Ministerial Departments; Clerk of the National Assembly; Chief Registrar, Supreme Court of Nigeria; Secretary, National Judicial Council; Auditor-General for the Federation; Accountant-General of the Federation; Directors-General/Chief Executives of parastatals, agencies and government-owned companies.
President Bola Tinubu appointed Egbetokun as the Inspector General of Police in June 2023 to serve for four years.
The controversy surrounding IGP Kayode Egbetokun's continued stay in office revolves around the apparent conflict between Nigeria's Public Service Rules and the amended Police Act regarding retirement age and tenure.
IGP Egbetokun was appointed in June 2023 at the age of 59 to serve a four-year term.
Under Public Service Rules, civil servants must retire at 60 years of age or after 35 years of service, whichever comes first.
This meant Egbetokun was due for retirement on September 4, 2024, when he turned 60.
The Police Act 2020 reinforced this by stating in Section 18(8) that all police officers, including the IGP, must retire at 60 or after 35 years of service.
The Amendment
However, the National Assembly passed the Police Act (Amendment) Bill 2024 in July 2024, adding a new subsection, 18(8A), which states:
“Notwithstanding the provisions of subsection (8) of this section, any person appointed to the office of Inspector-General of Police shall remain in office until the end of the term stipulated in the letter of appointment in line with the provisions of Section 7(6) of this Act.”
This amendment prioritizes the four-year tenure stipulated in the IGP's appointment letter over the general retirement rules. It effectively allows the IGP to serve the full term, regardless of age or years of service.
The Controversy
Critics argue that the amendment contradicts existing Public Service Rules and the 2020 Police Act, which emphasize the retirement age of 60 or 35 years of service.
There are debates about whether the amendment violates the Constitution, which governs public service appointments and retirements.
Some argue that allowing the IGP to stay beyond the retirement age could set a precedent for other public officials to seek similar exemptions, potentially undermining the civil service structure.
But the government defends the amendment, stating that it ensures stability and continuity in police leadership by allowing the IGP to complete the full four-year tenure.