The Police Service Commission (PSC) has directed the immediate retirement of all senior police officers who have exceeded 35 years in service or are above 60 years old. This directive follows the controversy surrounding the tenure extension of Inspector General of Police, Kayode Egbetokun, after he turned 60.
According to Ikechukwu Ani, PSC’s Head of Press and Public Relations, the Commission reviewed its earlier stance, which allowed force entrants to use their date of enlistment instead of their initial appointment date. However, the PSC has now reversed this decision, citing its inconsistency with Public Service Rule No. 020908, which mandates retirement upon reaching 35 years in service or the age of 60.
The PSC’s decision has sparked mixed reactions from legal experts. While some argue that the move may not explicitly violate any constitutional provisions, others believe that the extension of the IGP’s tenure is backed by an Act of Parliament, which supersedes the civil service rule.
Senior Advocate of Nigeria, Kunle Adegoke, noted that the general rule of appointment and reappointment allows the appointing authority to extend an official’s tenure unless a statute explicitly forbids it. However, he emphasized that testing the matter in court would be beneficial in establishing a clear legal precedent.
In contrast, Monday Ubani, SAN, and Ifeday Adedipe, SAN, believe that the extension of the IGP’s tenure is legal, citing the police act and a law signed by former President Muhammadu Buhari in 2020.
The PSC’s directive has been communicated to the Inspector General of Police for immediate implementation, amid ongoing legal debates surrounding the tenure extension of the IGP.
