An Abuja-based human rights lawyer, Maxwell Opara, has withdrawn his suit challenging the tenure of former Inspector-General of Police, Kayode Egbetokun, following his resignation from office.
The matter, which was before Justice Umar Mohammed of the Federal High Court in Abuja, was discontinued shortly after it was called. Opara informed the court that the decision to withdraw the case was informed by Egbetokun’s resignation on February 24.
The lawyer had instituted the suit against Egbetokun, the Nigeria Police Force, the Nigeria Police Council, President Bola Tinubu, and the Federal Civil Service Commission.
In the originating summons filed on September 10, 2024, Opara sought several declarations, including that under the Public Service Rules 2023, the compulsory retirement age for a public servant is 60 years or 35 years of pensionable service, whichever comes first. He argued that once an appointment lapses by operation of law, it cannot be revived by a subsequent amendment.
He further maintained that Egbetokun, having attained the age of 60 on September 4, 2024, ought to have vacated office and that only serving, non-retired officers are eligible for appointment as Inspector-General of Police.
Opara had also asked the court to restrain the former IGP from continuing to act in that capacity.
However, citing the acceptance of Egbetokun’s resignation by the President, Opara told the court that the issues raised had become academic. He noted that although he would have sought further orders to prevent a recurrence, appellate court decisions discourage courts from engaging in academic exercises.
Justice Mohammed subsequently struck out the suit.
Egbetokun, who was appointed in June 2023 for a four-year tenure expected to end in June 2027 under the amended Police Act, stepped down citing personal reasons.
Following his resignation, President Tinubu appointed Tunji Disu as Acting Inspector-General of Police, a move later endorsed by the Nigeria Police Council.
