An Abuja-based Public Interest Litigation lawyer and human rights activist, Maxwell Opara has dragged President Bola Ahmed Tinubu and the Nigeria Police Council to the Federal High Court in Abuja over an alleged unlawful tenure elongation for the incumbent Inspector General of Police (IGP) Kayode Adeolu Egbetokun.
Opara, who instituted the case is contesting the legality or otherwise of the tenure elongation granted Egbetokun under the amended Police Act.
Opara in the suit is 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.
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 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 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 time-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 raised issues, 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 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 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.”
The suit supported with an 18-paragraph affidavit was filed by Pastor Nnenna Maxwell Opara on behalf of the plaintiff.
Meanwhile, no date has yet been fixed for hearing of the suit.
