Why the court has not declared IGP Egbetokun’s tenure illegal – SAN

Senior Advocate of Nigeria (SAN), Ayotunde Ogunleye, has stated that the position of Inspector General of Police (IGP) Kayode Egbetokun has not been declared illegal by any court.

This comes amid ongoing debates about the legality of Egbetokun’s tenure, with some critics arguing that he should have retired due to surpassing the age of 60.

Notably, Omoyele Sowore, the 2023 presidential candidate of the African Action Congress (AAC), has been vocal in labeling Egbetokun’s continued stay in office as “illegal,” citing the country’s public service rules, which set the retirement age at 60 and limit service to 35 years.

However, speaking on Channels Television’s Politics Today on Friday, Ogunleye rejected these claims, asserting that Egbetokun’s position is legally valid. He described Sowore’s views as personal opinions, which, while permissible, should not be mistaken for legal fact.

Ogunleye explained, “Based on a proper understanding of the law, particularly considering the 2024 amendment to the Police Act and the advisory issued by the Honorable Attorney General’s Office, Kayode Egbetokun is lawfully occupying his position as IGP. That is the law.”

He further clarified, “The court has not ruled that the office or its occupant is illegal. Therefore, it is incorrect for anyone to assume the role of the judiciary and make such statements based on personal opinion.”

Ogunleye emphasized that while Sowore is free to express his views, he cautioned against confusing personal opinions with legal facts.

In response to the Police Service Commission (PSC)’s recent directive for the retirement of officers over 60 or with more than 35 years of service, Ogunleye pointed out that the PSC lacks the authority to retire the IGP.