Nigerian court bars non-specialist police officers from civil proceedings, orders deployment of lawyers to stations
via Punch Nigeria3 min read
The National Industrial Court of Nigeria, Abuja Judicial Division, has prohibited police officers not in the Specialist Legal Cadre from representing the Nigeria Police Force in civil proceedings. The court also mandated the Police Service Commission and the Inspector-General of Police to assign at least one police lawyer to every police station nationwide. This directive aims to enhance compliance with human rights standards in policing. The Nigerian Bar Association NBA announced the judgment, delivered by Justice O. Y. Anuwe, in a suit challenging the practice of General Duty Officers, who obtained law degrees, performing legal duties without being converted to the Specialist Legal Cadre. The NBA argued that these officers continued to undertake legal duties, including court representation, despite not being in the appropriate cadre. The court dismissed a preliminary objection by the Police Service Commission, affirming the NBA's legal standing due to the public interest nature of the suit. The ruling restrains such officers from appearing in civil cases for the Nigeria Police until they are properly appointed or converted. The court further ordered the implementation of Section 663 of the Police Act, requiring the deployment of police lawyers to stations to strengthen legal oversight and human rights protection in police operations. The NBA believes this decision will professionalize police legal practice, improve legal advice at divisional formations, and deepen instituti
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The National Industrial Court in Abuja has mandated the deployment of at least one police lawyer to every police station across Nigeria, in line with the Police Act 2020. Justice O. Y. Anuwe issued this order while ruling on a suit filed by the Incorporated Trustees of the Nigerian Bar Association NBA against the Police Service Commission and others. The court also prohibited police officers not employed in the Specialist Legal Cadre from representing the Nigeria Police Force in civil proceedings. The NBA had argued that many police officers with law degrees were not converted to the Specialist Legal Cadre but continued to provide legal services and represent the police in court, which violates Rule 8 of the Rules of Professional Conduct. The court affirmed the NBA's legal standing to institute the suit, adopting a liberal approach to locus standi in public interest litigation. Justice Anuwe stated that deploying police lawyers to stations would enhance legal oversight within the Force and improve compliance with human rights standards during police operations. The NBA, in a statement, hailed the judgment as a significant step towards strengthening the rule of law and institutional reforms within the Nigeria Police Force, promoting professionalization of police legal practice, and improving access to legal advice at police divisions.
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