The Abuja Judicial Division of the National Industrial Court of Nigeria (NICN), has barred police officers who are not employed in the specialist legal cadre from appearing in civil proceedings on behalf of the Nigeria Police Force.
In a landmark judgment with far-reaching decisions, the court also directed the Police Service Commission (PSC) and the Inspector-General of Police (IGP) to deploy at least one police lawyer to every police station across the country to strengthen compliance with human rights standards in policing.
The judgment was delivered by Hon. Justice O. Y. Anuwe was in Incorporated Trustees of the Nigerian Bar Association v. Police Service Commission & 5 Others (Suit No. NICN/ABJ/264/2025)
The action was instituted by the Nigerian Bar Association (NBA).
The suit, prosecuted by SPIDEL’s Public Interest Litigation Committee led by Olukunle O. Edun, SAN, sought, among other reliefs, judicial interpretation of Rule 8(1) and (2) of the Rules of Professional Conduct for Legal Practitioners, 2023, Section 18(9) and (11) of the Nigeria Police Act 2020, and Force Order 137(3) of the Ratified Police Force Order 2013.
The NBA, in its argument, noted that several police officers recruited as general duty officers subsequently obtained law degrees and were called to the Nigerian Bar but were never converted to the specialist legal cadre as required by law.
Despite this, the body said the officers continued to undertake legal duties, including representing the Nigeria Police in court.
The practice according to the claimant contravenes Rule 8 of the Rules of Professional Conduct, which prohibits lawyers in salaried employment from appearing for their employers in court unless they are employed as legal officers in a government department or agency.
Among the principal reliefs sought were orders directing the conversion of all qualified police lawyers performing legal services in the force to the specialist legal cadre and compelling the deployment of police lawyers to every police division in Nigeria in accordance with Section 66(3) of the Police Act 2020, which provides for legal officers to support human rights compliance within the Force.
Before considering the substantive issues, the Court dismissed the preliminary objection filed by the Police Service Commission, which had challenged the competence of the suit, including the locus standi of the Nigerian Bar Association to institute the action.
In adopting a liberal approach to standing in public interest litigation, the Court held that the NBA possessed the requisite legal standing, observing that the suit was instituted to protect the interests of legal practitioners and promote compliance with statutory and professional obligations.
On the merits, the Court held that the continued deployment of legally qualified police officers who had not been converted to the Specialist Legal Cadre to represent the Nigeria Police in civil proceedings was inconsistent with the applicable provisions of the Rules of Professional Conduct.
The Court consequently restrained such officers from appearing in civil cases on behalf of the Nigeria Police until they are duly appointed or converted to the appropriate legal cadre.
Justice Anuwe further ordered the Police Service Commission and the Inspector-General of Police to give effect to Section 66(3) of the Police Act by deploying police lawyers to police stations nationwide to strengthen legal oversight and ensure greater protection of human rights in police operations.
In a related development, the NBA has formally invited the European Union (EU), the United States Embassy, the British High Commission, Yiaga Africa, the Transition Monitoring Group (TMG), and other reputable international and domestic election observation missions to monitor its forthcoming 2026 National Officers’ Elections, reaffirming the Association’s commitment to transparency, credibility, and democratic governance.
In separate letters signed by the President of the Nigerian Bar Association, Mazi Afam Osigwe, SAN, the Association requested the presence of the various observer missions at the elections scheduled for Saturday, 18 July 2026, noting that their participation would further strengthen confidence in the integrity and credibility of the electoral process.
According to the NBA President, the Association remains Africa’s largest professional body of lawyers, with thousands of members in Nigeria and across the diaspora. Since its establishment, the NBA has remained a foremost defender of constitutional democracy, the rule of law, human rights, and institutional independence.
He emphasized that the Association’s internal elections have consistently been conducted in a manner that reflects transparency, accountability, inclusiveness, and integrity.
The 2026 National Elections will be conducted electronically, with accredited observers expected to monitor proceedings from the Central Election Control Room at the NBA National Secretariat, Abuja. The Control Room will coordinate election management, technical operations, results collation, and observer accreditation, while providing accredited observers with full access to monitor the process, interact with officials of the Electoral Committee of the Nigerian Bar Association (ECNBA).