Only president has power to appoint or remove IGP, says PSC

The Police Service Commission (PSC) says it does not have constitutional powers to appoint or remove the inspector-general of police (IGP). 

In a statement on Monday, Ikechukwu Ani, PSC spokesperson, said the commission has been inundated with messages on the status of Kayode Egbetokun, the current IGP, following its directive ordering senior police officers above 60 years old or 35 years in service to retire from the force.

Citing section 6 of the Police Service Commission (Establishment) Act, 2001, Ani said the PSC is responsible for the appointment and promotion of police officers, except the IGP.

The PSC spokesperson said the constitution stipulates that only the president can appoint or remove an IGP in consultation with the Nigerian Police Council.

“The Police Service Commission has been inundated with calls, messages, and reports on the status of the inspector-general of police, IGP Kayode Egbetokun, in the aftermath of the commission’s decision, directing all serving police officers who have served for 35 years or attained the age of 60 years to proceed on immediate retirement in line with the nation’s existing laws,” the statement reads.

“The commission wishes to state that it does not have the constitutional powers to determine the appointment or exit of the inspector-general of police.

“The law is clear on the mandate of the commission, and it does not extend to the inspector-general of police, who is an appointee of Mr. President with the advice of the police council.”

The statement is coming in the wake of the controversy trailing Egbetokun’s tenure extension.

Amid the controversy, Lateef Fagbemi, attorney-general of the federation (AGF) and minister of justice, had said the continuous stay of Egbetokun in office is lawful.

Fagbemi said Egbetokun’s appointment, which took effect on October 31, 2023, remains valid for a period of four years.

BACKGROUND

On June 19, 2023, President Bola Tinubu appointed Egbetokun as the IGP to replace Usman Baba.

On October 31, 2023, the National Police Council confirmed Egbetokun as the substantive IGP.

According to section 7 of the Police Act 2020, the person appointed to the office of the IGP shall hold the office for four years.

But Egbetokun, who was born on September 4, 1964, was expected to retire on September 4, 2024, when he turned 60 years old.

Section 18(8) of the Act, which makes direct reference to the civil service rule on retirement, states that “every police officer shall, on recruitment or appointment, serve in the Nigeria Police Force for a period of 35 years or until he attains the age of 60 years, whichever is earlier”.

However, in July 2024, the national assembly hurriedly passed a bill seeking to allow the IGP to remain in office “until the end of the term stipulated in his appointment letter”.