Lawyer sues Tinubu, Police Council over IGP tenure extension

Lawyer sues Tinubu, Police Council over IGP tenure extension

An Abuja-based human rights activist, Maxwell Opara has approached a Federal High Court in Abuja with a request to declare as invalid and illegal the recent tenure elongation for the incumbent Inspector General of Police IGP, Kayode Adeolu Egbetokun by relevant authorities.

Specifically, Maxwell, in the suit, is contending that the age for compulsory retirement of Egbetokun as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.

He is arguing that Egbetokun’s tenure of office cannot be extended under the amended Police Act.
Opara in the suit is therefore asking the court for an order of injunction restraining Egbetokun acting by himself or through his agents and servants, from continuing to hold out, present and/or parade himself as the Inspector General of Police of the Nigeria Police Force.

The grouse of the lawyer was that having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of Egbetokun as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.
Among others, the lawyer is asking the court to consider:

*Whether having regard to the Federal Executive Bodies and their offices listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it means offices in the Public service of the Federation;

*Whether officers of the bodies listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), are subject to the Public Service Rules.

READ ALSO:

• Lagos govt raises boarding fee to N100,000/term after parents have paid N35,000
• DR Congo coup: US, British citizens among 37 sentenced to death
• 13 abducted students rescued in Kaduna

*Whether having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st Defendant as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.

*Whether there is a need for formal notification of termination of an appointment where the Law provides for a frame within which such appointment ought to terminate.

*Whether an appointment terminated by operation of Law can be retrospectively resurrected by a subsequent amended law.

*Whether upon reaching the age of retirement as envisaged by the public service rules, the 1st Defendant can still be allowed to remain in office.

Upon resolution of the issues raised, the plaintiff seeks a declaration that having regard to Federal Executive Bodies and their offices listed in Section 153 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), it means offices in the Public service of the Federation.