In persistent debates surrounding the legitimacy of Inspector General of Police, IGP Kayode Egbetokun’s tenure, a Senior Advocate of Nigeria (SAN), Ayotunde Ogunleye, has affirmed that Egbetokun’s continuation in office is legally sound.
Controversy has swirled around Egbetokun’s eligibility to remain in office, with critics arguing that, having surpassed the mandatory retirement threshold of 60 years, he ought to have exited his position. However, Ogunleye refuted such
assertions, emphasizing that the legal framework—particularly amendments to the Police Act in 2024—renders his tenure lawful.
“Upon a thorough interpretation of the law—especially in light of the amended Police Act and the advisory from the Office of the Honourable Attorney General—Kayode Egbetokun, our esteemed Inspector General of Police, holds his position
with full legitimacy,” Ogunleye stated during a televised national discourse on Friday.
One of the most outspoken voices against Egbetokun’s extended stay in office has been Omoyele Sowore, the African Action Congress (AAC) presidential candidate. Sowore has repeatedly branded Egbetokun’s tenure as “illegal”, citing
public service regulations that mandate retirement at 60 years or after 35 years of service.
However, Ogunleye dismissed Sowore’s stance, categorizing it as a mere personal viewpoint rather than a definitive legal position.
“The judiciary has not issued any ruling invalidating the IGP’s position. Therefore, it is incorrect for anyone to assume the role of an adjudicator and declare his tenure unlawful,” Ogunleye stated.
He further stressed that while freedom of speech remains a cornerstone of democracy, opinions should not be conflated with legal facts.
“Mr. Sowore, like every Nigerian, is entitled to his opinion. However, substituting personal views for established legal statutes is inherently flawed,” he added.
The Police Service Commission (PSC) had previously mandated the retirement of senior officers who have surpassed the age of 60 or have served beyond 35 years. Nonetheless, Ogunleye maintained that this directive does not extend to the IGP, reinforcing that Egbetokun remains legally positioned as the nation’s top police officer.
Appointed as IGP in June 2023, Egbetokun was formally confirmed by the National Police Council in October of the same year. While Section 7 of the Police Act 2020 stipulates a four-year tenure for an appointed IGP,
concerns persist due to Section 18(8), which aligns the retirement age of police officers with civil service regulations.
Despite these legal intricacies, Ogunleye’s declaration seeks to quell the raging dispute, reinforcing that Egbetokun’s leadership remains within the boundaries of Nigerian law.
