The National Industrial Court in Abuja has delivered a judgment redefining the role of legal practitioners within the Nigeria Police Force, barring police officers who have not been appointed as Legal Officers from performing legal duties in civil matters and directing the deployment of qualified police lawyers to every police division across the country.

The judgment, delivered in suit marked, NICN/ABJ/264/2025 between the Incorporated Trustees of the Nigerian Bar Association (NBA) and the Police Service Commission (PSC) alongside five other respondents, followed a public interest suit instituted by the NBA through its Section on Public Interest and Development Law (SPIDEL).

Reacting to the judgment, NBA President, Mazi Afam Osigwe, SAN, described the decision as a major victory for the rule of law, professionalism and human rights protection within the Nigeria Police Force.

The suit sought judicial interpretation and enforcement of provisions of the Police Act, 2020 and the Rules of Professional Conduct for Legal Practitioners, 2023 regarding the status, functions and deployment of lawyers serving in the police.

In its judgment, the court declared that police officers who are qualified legal practitioners but have not been appointed or upgraded as Legal Officers cannot perform the duties of Legal Officers except in respect of criminal prosecutions expressly permitted by law.

The court further restrained such officers from presenting themselves as Legal Officers or carrying out the responsibilities attached to that office unless specifically authorised by law.

In another far-reaching order, the court held that the Police Service Commission, the Nigeria Police Force and the Inspector-General of Police have a mandatory statutory obligation under Section 66(3) of the Police Act, 2020 to deploy legally qualified police officers to every police division nationwide to promote compliance with human rights standards.

It consequently directed the relevant authorities to assign at least one legally qualified police officer to every police division across the federation.

While the court declined the NBA’s request for the automatic upgrading of all police lawyers to the rank of Superintendent of Police, it held that the relief sought could not be granted in the circumstances.

Osigwe, however, said the judgment marked a significant milestone in strengthening legal practice within the police and ensuring greater compliance with statutory provisions governing the force.

According to him, the decision reinforces professionalism, statutory compliance and the critical role of lawyers in safeguarding constitutional rights within law enforcement institutions.

He commended SPIDEL for initiating and pursuing the public interest litigation and specifically praised the Chairman of the SPIDEL Public Interest Litigation Committee, Olukunle Ogheneovo Edun, SAN, alongside members of the legal team, for securing the landmark victory.

The NBA President added that the association would study the judgment, monitor its implementation and take further legal steps where necessary to ensure full compliance with the court’s orders.

He described the judgment as another demonstration of the NBA’s commitment to strengthening public institutions, defending the integrity of the legal profession and advancing reforms that promote justice, accountability and the rule of law in Nigeria. (The Guardian)

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