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Court Bans Unqualified Police Officers From Legal Duties, Orders Lawyers in Every Division

As reported by The Guardian Newspaper, the National Industrial Court has barred police officers who are not appointed as Legal Officers from performing legal duties in civil matters, and ordered the Nigeria Police Force to deploy qualified lawyers to every police division nationwide.

According to the report, the judgment delivered on Saturday in Abuja said the ruling was necessary to strengthen professionalism, protect human rights, and enforce compliance with the Police Act, 2020.

The suit, marked NICN/ABJ/264/2025, was filed by the Nigerian Bar Association, NBA, through its Section on Public Interest and Development Law, SPIDEL. The respondents were the Police Service Commission, PSC, the Nigeria Police Force, and the Inspector-General of Police, among others.

Delivering judgment, the court declared that police officers who are qualified lawyers but have not been appointed or upgraded as Legal Officers cannot perform the duties of Legal Officers. They may only handle criminal prosecutions where the law expressly permits it.

The court also restrained such officers from presenting themselves as Legal Officers or carrying out duties attached to the office without specific legal authorisation.

In a major directive, the court held that the PSC, the Police Force and the IGP have a mandatory duty under Section 66(3) of the Police Act, 2020 to deploy legally qualified officers to every police division in the country. 

It consequently ordered that at least one legally qualified police officer be assigned to every division across the federation to promote compliance with human rights standards.

However, the court declined the NBA’s request for automatic upgrading of all police lawyers to the rank of Superintendent of Police, saying the relief could not be granted.

Reacting, NBA President, Mazi Afam Osigwe, SAN, described the judgment as a "major victory for the rule of law and professionalism" within the police.

According to him, the decision reinforces the critical role of lawyers in safeguarding constitutional rights within law enforcement and ensures greater compliance with statutory provisions.

"The judgment marks a significant milestone in strengthening legal practice within the police," Osigwe said. "It defends the integrity of the legal profession and advances reforms that promote justice and accountability."

He commended SPIDEL and the Chairman of its Public Interest Litigation Committee, Olukunle Ogheneovo Edun, SAN, and the legal team for securing the win. 

The NBA President added that the association would study the judgment, monitor its implementation, and take further legal steps if necessary to ensure full compliance.

The ruling is expected to reshape legal operations within the Nigeria Police Force, as authorities now have a clear court order to deploy trained lawyers to divisions across the country.

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