Police force retires senior officers as SANs debate IG’s tenure extension

The Police Service Commission (PSC) has ordered all senior police officers to retire if they’ve worked for more than 35 years or are older than 60. This order comes at a time when there’s debate about Police Chief Kayode Egbetokun staying in his job past his 60th birthday.

The PSC’s spokesperson, Ikechukwu Ani, explained that they’re changing a rule they made back in September 2017. The old rule let police officers count their service time from when they first joined the force, but now they’re going back to following the public service rule that says workers must retire at age 60 or after 35 years of service.

“The Police Service Commission rose from its first extraordinary Meeting with the approval for the immediate retirement of senior Police Officers who have spent more than 35 years in service and those above 60 years of age,” Ani said.

“The Commission at its 24th Plenary Meeting of 27th and 28th September 2017 had approved that the Force Entrants should have their date of appointment in the Force against the date of their enlistment.”

“The Commission has passionately revisited their decision and has concluded that the said decision in its intent and purpose contradicted the principle of the merger of service in the Public service and it violates of Public Service Rule No 020908 ( i & ii) which provides for retirement on attainment of 35 years in service or 60 years of age.”

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A top lawyer, Kunle Adegoke, weighed in on the situation, saying that while keeping the Police Chief in his job might not break any constitutional rules directly, a court would need to decide if it’s fully legal.

He explained that usually, the person who appoints someone can extend their time in office unless there’s a specific law against it. “Where a specific tenure is provided by law, it may not be within the power of the appointor to extend it, except where a second term is allowed. However, in cases where the law does not expressly prohibit reappointment or tenure elongation, the general rule is that what is not forbidden is permitted,” he said.

Adegoke also pointed out that police and military rules are different from regular government worker rules. “Members of the armed forces, police, and paramilitary organisations have special rules guiding their appointments and tenures. They are not necessarily bound by the general civil service regulations. So, that is what distinguishes the civilian aspect of society from the military or paramilitary institutions existing in the country.”