NBA SECURES LANDMARK JUDGMENT ON THE STATUS OF LAWYERS IN THE NIGERIA POLICE FORCE

Dear Colleagues,

I am pleased to formally inform all members of our dear association of the landmark judgment delivered by the National Industrial Court of Nigeria, Abuja Judicial Division, on 10 July 2026 in Suit No. NICN/ABJ/264/2025: Incorporated Trustees of the Nigerian Bar Association v. Police Service Commission & 5 Ors.

This public interest action was instituted by the Nigerian Bar Association through the Section on Public Interest and Development Law (SPIDEL) to seek 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 a well-considered judgment, the Court upheld substantial aspects of the NBA’s claims and made important declarations and consequential orders, including:

1. Declaring that police officers who are legal practitioners but have not been appointed or upgraded as Legal Officers cannot perform the duties of Legal Officers in the Nigeria Police Force, except in relation to criminal prosecutions permitted by law;

2. Restraining such officers from holding themselves out as Legal Officers or performing the responsibilities attached to that office, save as expressly authorised by law;

3. Declaring 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

4. Directing the relevant authorities to comply with that statutory obligation by assigning at least one legally qualified police officer to every Police Division across the Federation.

Although the Court did not grant all the reliefs sought by the Association, particularly the prayer for the automatic upgrading of police lawyers to the rank of Superintendent of Police, the judgment represents a significant advancement in the development of legal practice within the Nigeria Police Force and reinforces the importance of statutory compliance, professionalism, and respect for the rule of law.

This 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.

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.

Please accept the assurances of my highest professional regards.

Mazi Afam Osigwe, SAN

President

Nigerian Bar Association