Senior Advocate of Nigeria (SAN), Jibrin Samuel Okutepa, has raised a legal challenge concerning the continued tenure of the Inspector General of Police (IGP) after reaching the mandatory retirement age. He argues that there are unresolved legal questions surrounding the IGP’s eligibility to stay in office.

Okutepa pointed out that the Police Act and Public Service Rules require police officers and public servants to vacate their positions upon turning 60 or completing 35 years of service, whichever comes first. It’s widely known that the current IGP reached the age of 60 in September 2024. While some argue that his recent reappointment for a four-year tenure grants him legal grounds to remain, Okutepa stresses that the Police Force itself is a creation of the Nigerian Constitution.

In Section 214 of the 1999 Constitution, the Police Force is established, and in Section 215, the role of the IGP is defined, with specific criteria for appointment. Okutepa poses a critical question: is it constitutional for the IGP to remain in office after reaching 60 years old?

The answer, according to Okutepa, lies within Section 215(1)(a) of the 1999 Constitution, which states that the IGP must be appointed by the President on the advice of the Nigeria Police Council, but only from among active police officers. This implies that an individual who has already retired, either due to age or service length, is no longer eligible to hold the position of IGP.

Okutepa argues that any action by the National Assembly to extend the tenure of an IGP who is no longer an active officer would be unconstitutional and invalid. In his view, the Constitution clearly requires the IGP to be a serving member of the Police Force at all times, and a retired officer cannot fulfill this condition.

Thus, Okutepa concludes that the continued stay of the current IGP in office contradicts the constitutional requirement and is legally questionable.