A public interest litigation lawyer, Maxwell Opara, has filed a lawsuit at the Federal High Court in Abuja challenging the tenure of the current Inspector General of Police (IGP), Kayode Adeolu Egbetokun.
The lawsuit, which names the IGP, the Nigeria Police Force, the Nigeria Police Council, the President of the Federal Republic of Nigeria, and the Federal Civil Service Commission as defendants, alleges that IGP Egbetokun has exceeded the mandatory retirement age for public servants.
According to the court documents with suit no: FHC/ABJ/CS/1342/2024, Opara argues that IGP Egbetokun, who was born on September 4, 1964, reached the compulsory retirement age of 60 on September 4, 2024. The lawsuit contends that, as per the Public Service Rules 2023, the IGP should have been compulsorily retired upon reaching this age, as the rules state that no officer shall be allowed to remain in service after attaining the retirement age of 60 years or 35 years of pensionable service, whichever comes earlier.
The lawsuit seeks several declarations from the court, including that the IGP cannot remain in office upon reaching the age of 60, and that only actively employed, non-retired police officers are eligible for appointment to the office of the Inspector General of Police. Opara is also seeking an order of injunction restraining IGP Egbetokun from continuing to hold out, present, or parade himself as the Inspector General of Police.
In support of his case, Opara cites several provisions of the Nigerian Constitution, the Police Act 2020, the Public Service Rules 2023, and relevant case law. He argues that the IGP’s appointment, which was rooted in the Police Act of 2020, cannot be retrospectively resurrected by a subsequent amended law, and that once an appointment is terminated by operation of law, there is no need for formal notification of termination.
The Federal High Court is yet to set a date for the hearing of the lawsuit.