COURT BARS NON-LEGAL CADRE POLICE OFFICERS FROM CIVIL COURT REPRESENTATION

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By: Balogun Ibrahim

The National Industrial Court in Abuja has ruled that police officers who are not members of the Nigeria Police Force’s Specialist Legal Cadre cannot represent the Force in civil proceedings, even if they are qualified legal practitioners.

The court also directed the Police Service Commission (PSC) and the Inspector-General of Police (IGP) to deploy at least one police lawyer to every police station nationwide, in line with the provisions of the Police Act 2020.

The judgment was delivered on Friday by Justice O. Anuwe in suit NICN/ABJ/264/2025, filed by the Incorporated Trustees of the Nigerian Bar Association (NBA) against the PSC and five other respondents.

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The case, prosecuted by the NBA’s Public Interest Litigation Committee of the Section on Public Interest and Development Law (SPIDEL), led by Olukunle Edun (SAN), sought judicial interpretation of provisions of the Rules of Professional Conduct for Legal Practitioners 2023, the Police Act 2020 and Force Order 137(3).

The NBA argued that several police officers recruited as General Duty Officers later qualified as lawyers and were called to the Nigerian Bar but were never converted to the Specialist Legal Cadre as required by law.

According to the association, despite not being officially employed as legal officers, such personnel continued to carry out legal duties, including representing the Nigeria Police in court, contrary to Rule 8 of the Rules of Professional Conduct, which restricts salaried lawyers from appearing in court for their employers unless they are employed as legal officers.

Among the reliefs sought, the NBA asked the court to compel the conversion of qualified police lawyers performing legal duties into the Specialist Legal Cadre and to direct the deployment of police lawyers to all police divisions across the country in line with Section 66(3) of the Police Act.

Before addressing the substantive issues, the court dismissed a preliminary objection filed by the PSC challenging the NBA’s legal standing and the competence of the suit.

Justice Anuwe held that the NBA had the locus standi to institute the action, describing the case as one filed in the public interest to safeguard the integrity of the legal profession and ensure compliance with statutory and professional standards.

On the merits of the case, the court ruled that legally qualified police officers who have not been appointed or converted to the Specialist Legal Cadre cannot represent the Nigeria Police Force in civil proceedings, as doing so violates the applicable Rules of Professional Conduct.

The court consequently restrained such officers from appearing in civil matters on behalf of the Force until they are properly appointed or converted to the appropriate legal cadre.

Justice Anuwe also ordered the PSC and the IGP to implement Section 66(3) of the Police Act by deploying police lawyers to police stations nationwide. The court said the move would strengthen legal oversight, improve compliance with human rights standards and enhance accountability in policing.

According to the court, assigning legal officers to police formations would also reinforce constitutional safeguards relating to arrests, detention, investigations and other law enforcement activities.

The ruling is expected to strengthen the professionalisation of legal practice within the Nigeria Police Force and promote greater adherence to the rule of law.

Reacting to the judgment, the NBA described the decision as a significant victory for its public interest litigation efforts aimed at driving institutional reforms in the justice sector.

The association also commended its legal team, led by Olukunle Edun (SAN), for successfully prosecuting the case.