A lawyer, Joseph Seun Onele has instituted a suit before a Federal High Court, Lagos, asking the court to stop Dr. Kayode Adeolu Egbetokun, from parading himself as the Nigeria’s Inspector-General of Police (IGP).
Barrister onele’s suit marked FHC/L/CS/254/2025, which Egbetokun was listed the 5th respondent, also has Nigeria President; Attorney-General of Federation; Nigeria Police Force; Inspector-General Of Police; Nigeria Police Council; Police Service Commission; National Assembly; the Senate President; Speaker, House of Representative as first, second, third, fourth, sixth, seventh, ninth, 10th, 11th and 12 respondents.
The suit according to Barrister Onele is to sections 1(1), 1(2), 1(3), 4(1), 4(2), 4(3), 4(8), 5(1), 5(2), 6, 214, 215(1) & (2), 216 (1)&(2), 251(1) and 36 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended); Public Service Rule No. 020908 (1)&(2); Order 26 Rules 1, 3, 4, 16, 17, 18 and 19 of the Federal High Court (Civil, Procedure) Rules 2019; and other the court’s under inherent jurisdiction of the Court.
Specifically, Onele who is the Managing Partner of Primus Grace LP, is asking the court for the followings: “An order of interlocutory injunction restraining the 5th Defendant/Respondent (Dr. Kayode Adeolu Egbetokun) from parading, introducing and/or passing off himself as the legitimate, lawful and unconstitutional 4th defendant/respondent (lnspector-General of Police) pending the hearing the determination of thy Originating Summons dated 12 February 2025 filed by the Plaintiff/Applicant before this Honourable Court,
“An Order of Interlocutory Injunction restraining the 1st, 2nd, 3rd, 5th, 6th 7th, 8th 9th and 10th defendants/respondents, their officials, agents, representatives, officials, privies, agents, assigns, committees by whatever name called, advisors, (special) assistants, (special) advisers/advisors, consultants, legal representatives, and/or any other person whichsoever obtaining or to be acting on their behalf, from according any official, lawful or legal recognition whatsoever to the 5th Respondent (Dr Kayode Adeolu Egbetokun) forthwith, particularly, as it pertains to or relates to or arises from the fact of this case and/or any matter pertaining the exercise of the powers of the 4th Respondent as entrenched in the Nigerian Constitution (as amended) and the Police Act 2020 (as amended), pending hearing and determination of Originating Summons dated 12th February 2025, brought by the Plaintiff’Applicant before this Honourable Court .
“An order of interlocutory injunction restraining the 3rd, 6th and 7th Defendants/Respondents from dealing, interfacing, engaging, working, meeting and/or consulting with the 4th and 5th Respondents in any official capacity whatsoever including but not limited to any request emanating from the 5th Respondent while occupying the office of the 4th respondent, a creation of the Nigerian Constitution (as amended) pending luc hearing and determination of this Originating summons dated 12th February 2025 brought before this Honourable Court by the Plaintiff/Applicant.
“An order of interlocutory Injunction restraining the 5th defendant/respondent from further taking any action, step or decision whether by himself or through proxies or any other person whichsoever, as it pertains to the office of the 4th defendant/respondent, pending the hearing and determination of the Originating Summons dated 12 February 2025 brought by the Plaintiff/Applicant, before this honourable Court.
“An order of interlocutory injunction restraining the 3rd, 6th and 7th Defendants/Respondents, whether by themselves or through proxies or any other governmental agencies, parastatals, department, legal entities, corporate bodies whatsoever or persons by whatever named from paying and/or approving forthwith-any salaries, compensations, travel costs, out-of-pocket expenses, estacodes, expenses and/or any other payments by whatever name called, pending the hearing and determination of the Originating Summons dated 12 February 2025 brought by the plaintiff/applicant, before this Honourable Court.”
The lawyer supported the suit with a 45 paragraph-affidavit, affidavit of non-multiplicity, written address and so documentary exhibits.
Parts of the lawyer’s aveerments in the affidavit reads: “that I know for a fact that on July 23, 2024, both the Nigerian Senate (under the leadership of the senate President) and House of Representatives (under the Leadership of the Speaker of the House of Representative) promptly approved the amendment, extending Dr Kayode Egbetokun’s tenure beyond the statutory retirement age of 60, following a request from the 1st respondent to the National Assembly made up of both the Senate and Houso of Representative.
“I am also aware that both Federal Legislative Houses of the Federal Republic of Nigeria (the Senate and House of Representatives), on 23 July 224, passed the legislation that presumably extended the tenure of he IGP, having passed the first, second and third reading the very same day manner that suggests the legislation was being speedily or expeditiously passed to cater for the need of certain person(s) or interest(s) i.e. the 5th Respondent in the instant suit, despite other deserving officers unwilling to reach the highest position any serving Police officer or serving member of the Nigeria Police Force in the Police Force of the Federal Republic of Nigeria could reached
“That l Know for as fact that both the Senate (Red Chambers) and House of Representatives (Green Chambers) welt portly mus up Uae National Assembly of the Federal Republic of Nigeria, on Tuesday, 23 July 2024, severally and individually, at different legislative sittings approved the Police Act Amendment Bill to allow the occupant of the Office of the inspector-General of Police to remain in office even after passing the age limit of 60 years and or spent 33 years or above in public service of the Nigerian Police Force for the purpose of holding on to the office of the Inspector General of Police,
“I verily believe that the legislative steps taken by the National Assembly followed the consideration and approval of 1st Respondent’s request, seeking an amendment to the Police Act to reflect on the tenure of the 4th Respondent in the instant suit.
“I am equally aware that the amendment to the Nigeria Police Act 2020 sought to guarantee the tenure of the IGP for a period of four-year term with view to enhancing police operations by promoting accountability, modernizing policing methods, and fostering a more harmonious relationship between the police and the community, all commendable and lotty objectives.
“I was aware that when the Bill was read on the floor of the House on Tuesday, 23 July 2024 and the law makers voted unanimously to pass it expeditiously. Dr Kayode Egbetokun was at the time scheduled to turn 60, in less these two (2) months and precisely on 4 September 2024.
“That I also know for a fact that several organizations, including the National Institute for Legislation and Democratic Studies as well as the Executive Director of RULAAC, Okechukwu Nwagwuma, had criticized the proposal, as well as condemned the rushed amendment to extend the IGP’s tenure on the basis that it undermined intended extant Police Service Rules retirement provisions as well as the rule of law and the Nigerian Constitution (as amended).
“That I am aware that the 2nd defendant/respondent, The Hon. Attorney General of the federation and Minister of Justice, Prince Lateef Fagbemi (SAN) swiftly came to the rescue of the IGP’s continuous stay in office affirming the same an legal and lawful.
“That in further coming to the defence of the 5th Defendant occupying the position of the 4th Respondent, the 2nd defendant/respondent, distinguished Learned Silk Prince Lateef Fagbemi SAN further explained that the Police Act 2020 was amended in July 2024, to allow the occupant of the office to remain and complete the original four year term granted under Section 7 (6) of the Act, notwithstanding the fact that he has attained the age of 60 years, and also admitted publicly vis various newspapers some of which are now attached as Exhibits that Dr Kayode Egbetokun’s continuous stay in office, despite exceeding 60 years of age at which he was expected to have retired and ceased to be a public offices as well as a serving police officer or serving member of the Nigeria Police Force, as contemplated in the Public Services Rules, is in line with the provisions of the Police Act amended in 2024, which allow the occupant of the office to enjoy a term of four years effective from the date of his appointment as IGP and advising the general public to be guided accordingly
22. That | know for a fact that the 3rd Respondent, Attorney-General of the Federation (AGF} and Justice Minister, Distinguished Learned Silk Prince Lateef Fagbemi SAN is the Chief Law Officer of the Federal Republic of Nigeria and has the constitutional responsibility to cause the provisions, core constitutional principles as well as tenets, spirits and intendment of the drafters of the Nigerian Constitution (as amended) are given effect to, respected and enforced at all times without fair or favour to anyone.
“I was quite shocked when i saw the official statement of the Honourable Attorney-General of the Federation as I expected more from the esteemed AGF who is meant to be the Chief Law Officer of the Federal Republic of Nigeria and ought to have approached the Courts to determine wether the tenure elongation was indeed legal and lawful as well as constitutional.
“Realizing that the Honourable AGF would not approach a Court of Competent jurisdiction to effectively determined a matter of such great national significance that largely affects lots of Nigerian and more importantly, the recent action taken by the IGP as well as the Nigerian Police, and charging Mr. Omoyele Sowore Publisher of Sahara Reporter and AAC Presidential Candidate in the last Presidential elections, having been a vocal lead in calling out Dr. Kayode Egbetokun’s continued any in office as IGP as illegal and unlawful as well as unconstitutional and having came to the realization that I have an utmost duty not anly as a proud and Bonafide citizen of the Federal Republic of Nigeria, but also as a Minister at the hallowed temple of Justice whose name has been enrolled in the Supreme Court of W seria Ral of Legal Practitioners, I have both a lawful, legal and constitutional duty to ensure the rule of law, supremacy of the Constitution and principles of checks and balances are well implemented in a nascent federal and democratic system of government like ours, at all times.
“That I am aware that the continued stay of the 5th Respondent in the Instant suit; Dr Kayode Egbetokun, in office as the 4th Respondent (GI) has ignited controversy over the legal interpretation of his tenure. And that while the Police Act indicates retirement at 60 or after 35 years of service for all serving police officers or serving members of the Nigeria Police Force, another section guarantee four-year term for the IGP, leading to confticting legal positions.
“I verily believe that while the recent amendment to the Police Act granting the IGP a full term regardless of age, should have doused the matter, it has only served to deepen the debate with concerned Nigerians bent on questioning the legitimacy of Egbetokun’s continued service, an the basis that violates the Nigerian Constitution (as amended), the Public Service Rules and undermines Police reforms as well as fundamental objectives of the Nigerian Constitution (as amended) and the intent of the drafters of our Constitution.
“Iam also aware that the recent amendment to the Police Act 2020 was a legislative response to past controversies, such as the extended tenure of farmer IGP Mohammed Adamu in 2021, which this Honourable Court sitting in the Abuja Judicial Division later declared unlawful in Suit No. FHC/ABJ/CS/106/2021. And that I also know for a fact that the continued stay of Inspector-General of Police (IGP) Kayode Egtetokun despite attaining the age of 60 last September, has recently sparked debates over conflicting provisions in the Police Act regarding retirement age and tenure duration vis~ a-vis the Public Service Rules and most importantly, the Nigerian Constitution (es amended),
“I am aware that the event controversy about the legally questionable tenure elongation of the 4th and 5th Respondents underscored the concerns in certain quarters in Nigeria about the highly questioning the amendment to the Police Act 2020 which has also attracted a public criticism and further highlights the ongoing tensions between governmental authorities, due process in Nigeria and respect for the rule of law aw
“| verily believe it is important to always ensure transparency, accountability, due process, respect for the rule of law and adherence to established Iaws include the Nigerian Constitution (as amended), with a view to maintaining public trust, the integrity of our democratic process in Nigeria, checks and balances, particularly the need to checkmate the excesses of both the executive and legislative arms of government by the judiciary,
“That I know for a fact that the Public Serve Rules mandates police officers to retire at 60 years or after 35 years of service, another section guarantee a four-year term for the IGP, with the recent amendment to the Police Act should have put the matter to rest, many are however concerned over its implications for police leadership and institutional stagnation.
“That I know for a fact that civil society groups have called out the National Assembly for proceeding with the amendment to the Police Act 2020 in 2024 without fallowing due precess and consulting Nigerian Citizens in respect of an amendment that significant.
“That I verily believe that the amendment of the Police Act 2020 in 2024 by the 5th Respondent in the instant suit, the National Assembly of the Federal Republic of Nigeria take up essentially of the Senate and the House of Representatives as well as under the leadership of the 10th Respondents respectively (raised concerns of political Motivation, potential abuse of power, nepotism, and a diminishing commitment to transparency) .
“I also verily believe and as stated by analysis who warned that the recent amendment the Police Act 2020 for the primary purpose of elongating the tenure of the 4th and 5th Respondents could pave the way for future legislative actions to bypass duc process and contravene core provisions of the Nigerian Constitution (as amended) and other extant laws, amongst others.
“I know for a fact that quite and good number of civil society advocacy groups have also urged the 1st Respondent, in his capacity was judicially confirmed elected President of the Federal Republic of Nigeria to adhere to constitutional guidelines in appointing future inspectors general, while advocating for the integrity of the police institution and promoting unity within the force to foster even growth, positive progression and upwardly – mobile carcer trajectory of other serving senior police officers deserving of being nominated by the Nigerian Police Council under Palice Service Commission as the Inspector-General of Police to serve at the pleasure of the 1st Respondent.
“I know for a fact that although there has been underground discontent in the force over the extension, it was Mr. Omoyele Sowore, a human rights activist, publisher of Suhara Reporters and former presidential candidate of AAC in the last presidential election, who however stirred the hornet’s nest and initiated public controversy by publicly challenging the legality of Dr. Egbetokun’s extended tenure via social media platforms.
28. That I know as a fact shut lots of Nigerian Citizens have tagged Dr, Kayode Egbetokun’s continued service beyond the mandatory retirement age of 60 as not only unlawful, unconscionable and a contravention of extant Iaw applicable in Nigeria and went as far as Iabelling Dr. Kayode Egbetokun as an “illegal IGP” in public statements and social media posts. Tois dispute has ied to legal actions, with Sowore facing charges for allegedly using his social media platform to refer to Egbetokun as an “illegal IGP” amongst others.
“That I am aware that the Senate Public Accounts Committee, on Tuesday, 11th February 2025 quizzed the 5th defendant/respondent appearing as the 4th Defendant/ Respondent on The pass of the Auditor-General’s report presented to the Senate Committee by a certain Samuel Godwin on behalf of Shnakan Chira which revealed that 178,459 “arms, mostly AK-47 rifles, were missing from police formations nationwide and concerns were raised by Senator Onyekachi Nwebonyi (APC, Ebonyi North) linking the rising insecurity in Nigeria with missing weapons. Now attached is a newspaper report marked as Exhibit C referred to.
“That I verily believe there is a need to urgently restrain the 4th and 5th respondents from further acting in any official capacity as he recently instigated the institution of disciplinary action against certain senior officers who he, rather ironically, insisted have passed their official retirement age of 60 years and gone as for setting in motion disciplinary actions against the senior police officers including Simon Lough (SAN), Bennett Igweh, Aina Emmanuel, Saiama Wakil Abdul, Adepoju Olugbenga and Idowu Owohunwa, senior officers he reasonably believes could succeed him g ven their position if nat removed now, despite pending matter at the National Industrial Court and orders from the National Industrial Court to the contrary.
“Am aware the disciplinary action commenced at the Force Headquarters at the instance of the 4th and 5th Respondent began on Monday, 10th February 2025 and scheduled to end an Thursday, 13th February 2025 and all the officers involved are, for fear of being unjustly sanctioned, singled out and picked on afraid to take further actions beyond the matter already instituted at the National industrial Court on the labour aspect components of their issues with the 4th and 5th Defendant Responders, Now attached and marked as Exhibits are the news reports.
“I know for a fact that all actions taken by the police Chief Egbetokun since his official retirement to date on 3rd September 2024 are susceptible to being challenged and some of the senior police officers being made tie subject of the IGP persecution and witch-hunting exercise as well as “holier-than-thou” approach to leadership in the Nigeria Police Force which he has no Business being in, having exceeded 60 yours of age and meant to have tel red as required under the Public Service Rules of the Government of the Federal Republic of Nigeria, the 3rd Respondent, supposedly acting as the 4th Respondent, has continued to act with reckless abandon, disrespect the rule of Inw and Ignore extant laws, court orders and adhere to the provisions of the Nigerian Constitution (as amended) as well as the Public Service Rules.
“That the above articulated issue has become one that needs to be brought before this honorable Court as a Court of competent jurisdiction for a proper Interpretation of the 1998 Constitution of the Federal Republic of Nigeria (as amended) and other extant laws of regulations to avoid the toss of regard fur tha laws of the land and institutions saddled with responsibilities to make and execute laws for the benefit of people living in Nigeria.
“It is in the interest of justice, democracy, respect for the supremacy of the Nigerian Constitution (as amended) and the rule of Law to grant the prayers sought in this application by the Plaintiff/Applicant. And that the respondents will not be prejudiced by the granting of this application.
“That I depose to this Affidavit in good faith, conscientiously believing the same to be true and correct in accordance to the Oath acts Laws of the Federation of Nigeria, 2004.”