The Abuja Division of the National Industrial Court of Nigeria has ruled that police officers who are qualified lawyers but have not been appointed as Legal Officers cannot perform duties attached to the office.
The verdict was delivered in suit number: NICN/ABJ/264/2025 between the Incorporated Trustees of the Nigerian Bar Association and the Police Service Commission, alongside five other defendants.
The court held that such unappointed police lawyers can only handle criminal prosecutions specifically permitted by law.
It also restrained them from presenting themselves as Legal Officers or carrying out responsibilities of the office without express approval.
It further declared that the Police Service Commission, Nigeria Police Force, and Inspector-General of Police have a mandatory duty under Section 66(3) of the Police Act, 2020 to deploy legally qualified police officers to every police division in the country.
The court ordered authorities to assign at least one legally qualified police officer to every police division in Nigeria to promote compliance with human rights standards.
The court declined the Nigerian Bar Association’s request for automatic upgrade of police lawyers to the rank of Superintendent of Police.
NBA President Afam Osigwe said the judgment represents a major milestone in the development of legal practice within the police.
He noted that the decision reinforces statutory compliance, professionalism and respect for the rule of law while affirming the indispensable role of legal practitioners within law enforcement institutions.
According to him, the judgment will also strengthen the protection of constitutional rights through improved legal oversight at the divisional level of policing.
He commended SPIDEL’s leadership for initiating and pursuing public interest litigation.
He praised the Chairman of the SPIDEL Public Interest Litigation Committee, Olukunle Ogheneovo Edun (SAN), the legal team and members of the committee for their dedication and commitment in securing the judgment.
Osigwe said the victory demonstrates the association’s 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 added that the NBA would carefully study the judgment, monitor its implementation and take further legal steps where necessary to ensure full compliance with the court’s directives nationwide.
