An Abuja-based human rights lawyer, Maxwell Opara, on Tuesday, withdrew a suit he filed to challenge former Inspector-General (I-G) of Police, Kayode Egbetokun’s tenure elongation by President Bola Tinubu.
Opara told Justice Umar Mohammed of the Federal High Court in Abuja, shortly after the case was called, that he was withdrawing the suit following Egbetokun’s resignation as the country’s I-G.
The News Agency of Nigeria (NAN) reports that Opara had dragged Egbetokun; Nigeria Police Force (NPR); Nigeria Police Council; Predident, Federal Republic of Nigeria and Federal Civil Service Commission to the court as 1st to 5th defendants respectively.
In the originating summons dated and filed on Sept. 10, 2024, the legal practitioner sought eight reliefs.
He prayed the court to declare that having regards to Section 9 of Chapter 2 of the Public Service Rules 2023, the age for compulsory retirement of the 1st defendant (Egbetokun) as a public servant is the age of 60 or having served 35 years of pensionable service whichever is earlier.
“A declaration that once there is termination of an appointment by effluxion of time in Law, there will be no need for a formal notification of termination as the appointment would be deemed terminated upon effluxion of time taking place.
“A declaration that an appointment terminated by operation of law cannot be retrospectively resurrected by a subsequent amended law.
“A declaration that the 1st defendant cannot remain in office upon reaching the age of 60 on the 4th of September, 2024, and is compulsorily retired as envisaged by the public service rules.
“A declaration that only actively employed, non-retired police officers are eligible for appointment to the office of the Inspector-General of Police.”
The lawyer, therefire, sought an order of injunction restraining Egbetokun, acting by himself or through his agents and servants, from continuing to parade himself as the I-G, among other reliefs.
When the matter was called on Tuesday, Opara told Justice Mohammed of his desire to withdraw the suit.
“We shall be withdrawing this suit in consideration of that fact that the 4th defendant on the good advice of the 3rd defendant has done the needful and asked the 1st defendant to go on retirement which is our main relief, ” He said.
He said the suit had become academic, following Egbetokun’s exit as I-G.
Th lawyer told the court that he would have prayed the court to make an order that such action should not repeat itself again but for the Court of Appeal’s decision which described such application as being “an academic exervise.”
“On this note, we shall be withdrawing the suit my lord, ” Opara said.
After listening to the lawyer’s submission, the judge made an order striking out the suit.
NAN reports that Egbetokun had, on Feb. 24, resigned his appointment as I-G, citing pressing family considerations.
Appointed in June 2023, Egbetokun was serving a four-year term scheduled to conclude in June 2027, in line with the amended provisions of the Police Act.
President Tinubu, in a statement by Mr Bayo Onanuga, Special Adviser to the President on Information and Strategy, on Feb. 24, accepted Egbetokun’s resignation, following the submission of his letter.
The president had since appointed Mr Tunji Disu as acting I-G, which was unanimously approved by the Nigeria Police Council on Monday.
