The Inspector General of Police, Kayode Egbetokun, is facing allegations of partiality and misuse of legal procedures after filing a 14-count criminal charge against several retired senior officers of the Nigeria Police Force.
The accusation was made by Dr. Tonye Clinton Jaja, a legal expert and Executive Secretary of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), in an open letter addressed to the IGP.
Dr. Jaja criticized the move, arguing that it represents an act of selective justice and may violate existing legal frameworks.
The controversial charges were filed before the High Court of the Federal Capital Territory (FCT) under suit number CR/353/25.
The charges stem from allegations that the former officers falsified their ages and manipulated official documents to unlawfully extend their tenure in service.
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Among those named in the suit are former Assistant Inspector-General of Police (AIG) Idowu Owohunwa, former FCT Commissioner of Police Benneth Igweh, former Commissioner of Police Ukachi Peter Opara, retired Deputy Commissioner of Police Obo Ukam Obo, and retired Assistant Commissioner of Police Simon Asamber Lough, along with other high-ranking ex-officers.
Prosecutors allege that the accused conspired to forge internal police communications and tamper with service records, in direct violation of Nigeria’s Public Service Rules, which stipulate strict guidelines for retirement based on age and years of service.
This legal action follows the forced retirement of seven senior officers by the Police Service Commission (PSC) on March 6, 2025, after an emergency meeting held on February 20. The PSC cited widespread age falsification and procedural violations as justification for their dismissal.
In his letter, Dr. Jaja argued that the IGP’s approach is inconsistent with Section 32(2) of the Police Act, 2020. He maintained that, instead of initiating criminal proceedings in a civilian court, the proper legal recourse would have been to convene a court-martial—a disciplinary tribunal designed for police personnel.
Dr. Jaja’s letter has added to the growing debate over internal accountability within the police force, as well as concerns about the application of justice and legal standards for serving and retired law enforcement officers.
“Is this a way to treat retired police officers who had previously served their country and the Nigerian Police for over thirty (30) years? What example are you setting for the morale of other Police officers?
“Could you not have filed court martial proceedings against them? Bearing in mind that court martial proceedings are usually held in camera (in private) away from the public eye.
“Alternatively, you could have filed a civil law suit against the said retired police officers.
“This would have being in accordance with the letter and spirit of a new provision, which was first inserted as Section 8(2) of the Administration of Criminal Justice Act (2015), is again inserted as Section 32(2) of the Police Act (2020), to expressly prohibit police from arresting a person merely on a claim of civil wrong or breach of contract.
“When an offence constitutes both a criminal and civil infraction, it is the course of wisdom to exercise discretion by filing a civil lawsuit inside of a criminal prosecution. That is the spirit of the Police Act, 2020 which was a replacement of the 1946 Police legislation,” the lawyer said.
The letter especially expressed reservation at the treatment meted to two of the police officers, Berth Igweh and Simon Lough.
Lough, also a lawyer, is the first police officer to attain the rank of Senior Advocate of Nigeria (SAN).
Jaja further told Egbetokun that that the filing of the criminal charges has confirmed widely held impressions that: “You are using the powers and authority conferred upon you as the IGP not to fight criminals but for personal vendetta against those who seem to have defied you.”
Further arguing against the criminal charges, Jaja described the prosecution of the retired senior police officers as cosmetic as it does not address the real issue – the age of retirement for police officers.
“Your prosecution of the retired police officers is a cosmetic treatment of an underlying problem. Even after you prosecute retired Simon Lough, SAN, and the others, another group of police officers would arise by going to court to challenge the issue of the age of retirement for police officers.
“It is better to deal with the root cause of the problem once and for all time.
“There is a fundamental flaw with the amendment to Section 7(6) of the Police Act, 2020 which extended your tenure for four years,” the letter added.
To address the problem, Jaja urged the IGP to “Allow the National Assembly to undertake a second amendment of the Police Act, 2020 that is consistent with the provisions of Section 42 (1) of the Nigerian Constitution and the Rule of Law principle of equality before the law.”
He equally urged the IGP honourably submit a resignation letter to the President and the Police Service Commission.
“This is based on putting the peace, unity and security of the entire Nigerian nation above your personal ambition to remain a police officer whereas the Nigerian Police is distracted with the issue of your unconstitutional tenure,” the letter said.
