Lawyer Institutes Lawsuit To Stop President Tinubu, Police Council From Extending IGP Egbetokun’s Tenure

An Abuja- based lawyer and human rights activist, Maxwell Opara , has instituted a lawsuit to restrain  President Bola Ahmed Tinubu and the Nigeria Police Council  from approving extension of tenure of the Inspector General of Police IGP, Kayode Adeolu Egbetokun.

Team@orientactualmags.com learned that Opara in the suit in question is asking the court for an order of injunction restraining Egbetokun acting by himself or through his agents and servants, from continuing to present and or parade himself as the Inspector General of Police of the Nigeria Police Force.

Citing Section 9 of Chapter 2 of the Public Service Rules 2023, he noted that the age for compulsory retirement as a public servant is upon attaining the age of 60 or having served 35 years of pensionable service whichever is earlier.

Listed as 1st to 5th defendants in the suit are Kayode Adeolu Egbetokun, Nigeria Police Force, Nigeria Police Council, President, Federal Republic of Nigeria and the Federal Civil Service Commission respectively. 

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.

Whether having regard 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 timeframe 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 above, the plaintiff seeks 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.

A declaration that 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.

A declaration that having regard 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 the age of 60 or having served 35 years of pensionable service whichever is earlier.

A declaration that once there is termination of an appointment by effluxion of time in Law, there will be no need for a formal notification of termination as the appointment would be deemed terminated upon effluxion of time taking place.

A declaration that an appointment terminated by operation of Law cannot be retrospectively resurrected by a subsequent amended law.

A declaration that the 1st Defendant cannot remain in office upon reaching the age of 60 on the 4th of September 2024, and is compulsorily retired as envisaged by the public service rules.

A declaration that only actively employed, non-retired Police Officers are eligible for appointment to the office of the Inspector General of Police.

Plaintiff also prayed for an order of Injunction restraining the 1st Defendant, acting by himself or through his agents and servants, from continuing to present or parade himself as the Inspector General of Police of the Nigeria Police Force’.

The legal action which was supported with an 18- paragraph affidavit was filed by Pastor Nnenna Maxwell Opara on behalf of the plaintiff while no date has been fixed for the hearing of the suit-Team@orientactualmags.com  Do you have any information you wish to share with us? Do you want us to cover your event or programme? Kindly send SMS to 08059100286, 09094171980 or get in touch via orientactualmag@gmail.com.  Thank you