In a landmark judgment with far-reaching implications for policing, human rights enforcement, and locus standi in Nigeria, the National Industrial Court of Nigeria, Abuja Judicial Division 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.
The Court also directed the Police Service Commission (PSC) and 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 on Friday by Justice O. Y. Anuwe 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 by the NBA was prosecuted by SPIDEL’s Public Interest Litigation Committee led by Olukunle O. Edun (SAN).
It 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 argued 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 officers continued to undertake legal duties, including representing the Nigeria Police in court.
According to the claimant, this practice 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.
Beyond regulating legal representation by the Nigeria Police, the decision is expected to accelerate the professionalisation of police legal practice, improve legal advice at divisional police formations, and deepen institutional compliance with constitutional safeguards governing arrests, detention, investigations, and other policing activities.
The judgment also represents another significant milestone in the Nigerian Bar Association’s use of strategic public interest litigation to advance institutional reforms and strengthen the rule of law.
Through the suit, the NBA sought not only to clarify the legal status of police lawyers but also to secure structural reforms aimed at embedding legal oversight and human rights compliance within police operations across the Federation.
The CTC of the judgment will soon be made public.
The Nigerian Bar Association acknowledged the industry of its legal team in the matter, comprising Olukunle O. Edun (SAN), Austin J. Utah, Dr. Lilian Ojimma, Bulus Y. Atsen, (NBA-SPIDEL Litigation Committee’s Vice Chair), Olajide Abiodun, Mohammed Danjuma, and Vincent Adodo (NBA-SPIDEL Litigation Committee’s Secretary).
