Tenure Elongation Row: Lawyer Withdraws Suit Against Ex-IG Egbetokun After Resignation

By Correspondent in Abuja.
An Abuja-based human rights lawyer, Maxwell Opara, on Tuesday withdrew the suit he filed to challenge the alleged tenure elongation of former Inspector-General (IG) of Police, Kayode Egbetokun, by President Bola Tinubu.
Opara informed Justice Umar Mohammed of the Federal High Court, Abuja, shortly after the matter was called, that he was discontinuing the case following Egbetokun’s resignation as the country’s police chief.
Our correspondent reports that Opara had sued Egbetokun; the Nigeria Police Force (NPF); the Nigeria Police Council; the President of the Federal Republic of Nigeria; and the Federal Civil Service Commission as first to fifth defendants, respectively.
In the originating summons dated and filed on September 10, 2024, the lawyer sought eight reliefs.
He prayed the court to declare that, having regard to Section 9 of Chapter 2 of the Public Service Rules 2023, the compulsory retirement age for the first defendant as a public servant is 60 years or after 35 years of pensionable service, whichever comes first.
He also sought:
A declaration that once an appointment is terminated by effluxion of time in law, no formal notification is required, as the appointment is deemed terminated upon the expiration of time.
A declaration that an appointment terminated by operation of law cannot be retrospectively revived by a subsequent amendment to the law.
A declaration that the first defendant could not lawfully remain in office upon attaining the age of 60 on September 4, 2024, and was deemed compulsorily retired under the Public Service Rules.
A declaration that only actively serving, non-retired police officers are eligible for appointment as Inspector-General of Police.
Opara further sought an order of injunction restraining Egbetokun, whether personally or through his agents, from continuing to parade himself as IG, among other reliefs.
However, when the case was called on Tuesday, the lawyer told the court he wished to withdraw the suit.
“We shall be withdrawing this suit in consideration of the fact that the fourth defendant, on the good advice of the third defendant, has done the needful and asked the first defendant to proceed on retirement, which is our main relief,” he said.
According to him, the matter had become academic following Egbetokun’s exit from office.
The lawyer added that he would have urged the court to make an order preventing a recurrence of such action, but for a Court of Appeal decision describing similar applications as an “academic exercise.”
“On this note, we shall be withdrawing the suit, my lord,” Opara stated.
After hearing the submission, Justice Mohammed struck out the suit.
NAN reports that Egbetokun resigned on February 24, citing pressing family considerations.
Appointed in June 2023, he was serving a four-year term scheduled to end in June 2027, in line with the amended provisions of the Police Act.
In a statement issued on February 24 by Mr Bayo Onanuga, Special Adviser to the President on Information and Strategy, President Tinubu accepted Egbetokun’s resignation following the submission of his letter.
The President subsequently appointed Mr Tunji Disu as acting Inspector-General of Police, an appointment unanimously approved by the Nigeria Police Council on Monday.
Edited by Dada Ahmed