The National Industrial Court of Nigeria, Abuja Judicial Division, has barred police officers who doubled as legal practitioners within the Nigerian Police Force from performing legal duties without being formally appointed as legal officers by the force.
This was disclosed in a statement issued on Sunday by the Nigerian Bar Association (NBA) President, Afam Osigwe.
According to Osigwe, the Incorporated Trustees NBA had dragged the Police Service Commission and five others to the court in a suit numbered NICN/ABJ/264/2025.
The public interest action was instituted by the NBA through the Section on Public Interest and Development Law (SPIDEL).
The suit seeks judicial interpretation and enforcement of the provisions of the Police Act, 2020 and the Rules of Professional Conduct for Legal Practitioners, 2023, particularly as they relate to the status, functions, and deployment of legal practitioners serving within the Nigeria Police Force.
In its ruling delivered on Friday, the industrial court, according to Osigwe, upheld substantial aspects of the NBA’s claims and made important declarations and consequential orders which include the prohibition of police officers, who are legal practitioners but not officially appointed as legal officers, from carrying out duties restricted to a legal officer.
This however excluded criminal prosecutions permitted by law.
The court also restraining such officers from holding themselves out as Legal Officers or performing the responsibilities attached to that office, save as expressly authorised by law;
It further declared 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 in Nigeria to promote and ensure human rights compliance; and
Relevant authorities were also directed to comply with that statutory obligation by assigning at least one legally qualified police officer to every Police Division across the Federation.
While the Court did not grant all the reliefs sought by the NBA, particularly the prayer for the automatic upgrading of police lawyers to the rank of Superintendent of Police, Osigwe hailed the other judgements.
He held that the judgment represents a significant advancement in the development of legal practice within the Nigeria Police Force.
This, according to him also reinforces the importance of statutory compliance, professionalism, and respect for the rule of law.
He further maintained that the decision also affirms the indispensable role of legal practitioners within law enforcement institutions and strengthens the framework for the protection of constitutional rights through improved legal oversight at the divisional level.
“I commend the leadership of SPIDEL for conceiving and pursuing this important public interest litigation.
“I particularly congratulate the Chairman of the SPIDEL Public Interest Litigation Committee, Olukunle Ogheneovo Edun, SAN, the entire legal team, and every member of the Committee whose dedication, industry, and commitment made this remarkable achievement possible.
“This judgment is another demonstration of our commitment to promoting the rule of law, strengthening public institutions, defending the integrity of the legal profession, and advancing reforms that serve the public interest.” He said.
The NBA President however said the judgement will be reviewed with its implementation monitored.
“The Association will carefully review the judgment, monitor its implementation, and take such further steps as may be necessary to ensure that its objectives are fully realised in accordance with the law.” He added.