Court bars non-specialist police lawyers from civil cases

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National Industrial Court

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By Innocent Anaba

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The National Industrial Court sitting in Abuja has barred police officers who are not employed in the Specialist Legal Cadre from representing the Nigeria Police Force in civil proceedings, even if they are qualified legal practitioners.

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The court also ordered 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 in line with the provisions of the Police Act 2020.

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The landmark judgment, on Friday, by Justice O. Anuwe in the suit marked NICN/ABJ/264/2025, was in the case between the Incorporated Trustees of the Nigerian Bar Association, NBA, and the Police Service Commission alongside five other respondents.

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The action, instituted by the NBA and prosecuted by the Public Interest Litigation Committee of the Section on Public Interest and Development Law, SPIDEL, led by Mr. Olukunle Edun, SAN, sought the 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.

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The NBA had argued that several police officers recruited as General Duty Officers later obtained law degrees and were called to the Nigerian Bar but were not converted to the Specialist Legal Cadre as required by law.

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According to the association, despite not being employed as legal officers, such officers continued to perform legal duties, including representing the Nigeria Police in court, contrary to Rule 8 of the Rules of Professional Conduct, which restricts lawyers in salaried employment from appearing in court for their employers unless they are employed as legal officers in a government department or agency.

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Among the reliefs sought were orders compelling the conversion of qualified police lawyers performing legal services within the Force to the Specialist Legal Cadre and directing the deployment of police lawyers to all police divisions nationwide in line with Section 66(3) of the Police Act.

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Before determining the substantive issues, the court dismissed a preliminary objection filed by the PSC challenging the competence of the suit and the locus standi of the NBA to institute the action.

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Justice Anuwe held that the NBA had the requisite legal standing, noting that the suit was filed in the public interest to protect the integrity of the legal profession and ensure compliance with statutory and professional obligations.

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On the substantive issues, the court ruled that the continued appearance of legally qualified police officers who had not been appointed or converted to the Specialist Legal Cadre in civil proceedings on behalf of the Nigeria Police was inconsistent with the applicable provisions of the Rules of Professional Conduct.

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The court consequently restrained such officers from representing the Force in civil matters until they are duly appointed or converted to the appropriate legal cadre.

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Justice Anuwe further directed the PSC and the IGP to implement Section 66(3) of the Police Act by deploying police lawyers to police stations across the country to strengthen legal oversight, improve compliance with human rights standards and enhance accountability in police operations.

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The court held that the deployment of legal officers to police formations would support constitutional safeguards relating to arrests, detention, investigations and other policing activities.

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The judgment is expected to have significant implications for the professionalisation of legal practice within the Nigeria Police Force and the strengthening of institutional compliance with the rule of law and human rights standards.

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Reacting to the judgment, the NBA described the decision as a major milestone in its use of strategic public interest litigation to promote institutional reforms within the justice sector.

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The association also commended its legal team, led by Edun, SAN, and comprising Austin Utah, Dr. Lilian Ojimma, Bulus Atsen, Olajide Abiodun, Mohammed Danjuma and Vincent Adodo, for successfully prosecuting the suit.

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