Court bars police lawyers not appointed as legal officers from prosecution

The National Industrial Court of Nigeria, in the landmark case of *Incorporated Trustees of the Nigerian Bar Association v. Police Service Commission & 5 Others* (NICN/ABJ/264/2025), has significantly clarified the scope of legal practice within the Nigeria Police Force. The Court ruled that police officers who are legal practitioners but have not been formally appointed or converted to the Specialist Legal Cadre are barred from representing the Force in civil proceedings. This judgment reinforces Rule 8 of the Rules of Professional Conduct for Legal Practitioners, 2023, which restricts salaried lawyers from appearing for their employers unless they are designated legal officers. Furthermore, the Court mandated the Police Service Commission and the Inspector-General of Police to deploy at least one qualified police lawyer to every Police Division nationwide, in compliance with Section 66(3) of the Police Act 2020, to enhance human rights enforcement and legal oversight.

The recent judgment by the National Industrial Court of Nigeria (NICN) in *Incorporated Trustees of the Nigerian Bar Association v. Police Service Commission & 5 Others* (NICN/ABJ/264/2025) marks a pivotal moment for legal practice within Nigeria's law enforcement agencies. Delivered by Justice O. Y. Anuwe on July 10, 2026, the ruling addresses long-standing ambiguities regarding the prosecutorial and representational powers of police officers who possess legal qualifications but are not formally designated as legal officers within the Force. This decision is poised to reshape the operational framework of the Nigeria Police Force (NPF), particularly concerning its engagement in civil litigation and the broader administration of criminal justice.

The core of the Court's pronouncement is a clear distinction between a police officer who merely holds a law degree and is called to the Bar, and one who is duly appointed to a 'Specialist Legal Cadre' within the NPF. The judgment not only restricts the former from representing the police in civil matters but also imposes a mandatory obligation on the Police Service Commission (PSC) and the Inspector-General of Police (IGP) to deploy qualified legal practitioners to every police division. This article will delve into the legal context, the specifics of the judgment, and its far-reaching implications for legal professionals and the Nigerian justice system.

The powers of prosecution in Nigeria are primarily vested in the Attorney-General of the Federation and the Attorneys-General of the respective States, as enshrined in Sections 174 and 211 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). These constitutional provisions allow the Attorneys-General to institute, undertake, take over, and discontinue criminal proceedings, either in person or through officers of their departments. Historically, the Nigeria Police Force has also exercised significant prosecutorial powers, particularly in lower courts, derived from the Police Act.

Prior to the Police Act 2020, Section 23 of the repealed Police Act allowed any police officer to conduct prosecutions, subject to the Attorney-General's powers. However, the enactment of the Administration of Criminal Justice Act (ACJA) 2015 introduced a significant shift, with Section 106 appearing to limit prosecutorial powers to legal practitioners, including law officers in the Attorney-General's office or authorized legal practitioners. The Police Act 2020, signed into law on September 17, 2020, aimed to enhance professionalism and accountability within the Force. Section 66(1) of the Police Act 2020 explicitly states that a police officer who is a legal practitioner may prosecute in person before any court. Crucially, Section 66(3) mandates the assignment of at least one qualified legal practitioner to every Police Division. Despite these provisions, a practical challenge persisted where police officers, though legally qualified, were not formally converted or appointed into a specialist legal cadre, yet continued to perform legal duties, including court representation, raising questions about their professional standing and compliance with the Rules of Professional Conduct for Legal Practitioners.

The recent judgment by Justice O. Y. Anuwe of the National Industrial Court of Nigeria in *Incorporated Trustees of the Nigerian Bar Association v. Police Service Commission & 5 Others* (NICN/ABJ/264/2025) directly addresses the contentious issue of police lawyers' professional status and their scope of practice. The Nigerian Bar Association (NBA) initiated the suit, arguing that police officers recruited as General Duty Officers who subsequently obtained law degrees and were called to the Bar, but were not converted to the Specialist Legal Cadre, were improperly performing legal duties, including representing the NPF in court.

The NBA's argument hinged on Rule 8(1) and (2) of the Rules of Professional Conduct for Legal Practitioners, 2023, which stipulates that a lawyer in salaried employment cannot appear in court for their employer unless they are employed as a legal officer in a government ministry, department, or agency. The Court upheld this position, ruling that police officers who are legally qualified but not formally appointed or converted to the Specialist Legal Cadre are barred from representing the Nigeria Police Force in civil proceedings. This decision clarifies that merely possessing a legal qualification is insufficient; formal designation within a legal cadre is essential for such representation, thereby professionalizing legal services within the Force.

Beyond the representational aspect, the Court's order for the Police Service Commission and the Inspector-General of Police to deploy at least one police lawyer to every Police Division nationwide is a significant step towards implementing Section 66(3) of the Police Act 2020. This directive is intended to strengthen legal oversight, improve compliance with human rights standards, and enhance accountability in police operations, including arrests, detention, and investigations. The judgment recognizes the critical role of legally trained officers in ensuring adherence to constitutional safeguards and procedural fairness at the grassroots level of policing.

While Section 66(1) of the Police Act 2020 permits police officers who are legal practitioners to prosecute, Section 66(2) ambiguously allows non-qualified police officers to prosecute "those offences which non-qualified legal practitioners can prosecute." This ambiguity has often led to lay police prosecutors handling a vast majority of cases in lower courts. The NICN's judgment, by emphasizing the need for formal appointment to a legal cadre for civil representation and mandating deployment of lawyers for human rights enforcement, implicitly pushes for greater professionalization across all legal functions of the police, potentially influencing the interpretation and application of Section 66(2) in the long run. The ruling aligns with the broader objectives of the ACJA 2015, which seeks to streamline criminal justice administration and ensure that prosecutions are handled by qualified legal practitioners.

The National Industrial Court's judgment in *Incorporated Trustees of the Nigerian Bar Association v. Police Service Commission & 5 Others* represents a watershed moment for the professionalization of legal services within the Nigeria Police Force. By drawing a clear line between police officers who are lawyers and those formally appointed to a Specialist Legal Cadre, the Court has reinforced the ethical obligations of legal practitioners and the statutory requirements for legal representation. This decision will compel the Police Service Commission and the Inspector-General of Police to undertake necessary structural and personnel reforms, ensuring that legal duties, particularly in civil matters, are handled by appropriately designated officers.

For legal practitioners, this judgment clarifies the permissible scope of engagement for lawyers in salaried government employment and underscores the importance of proper cadre conversion. It also opens avenues for increased deployment of legal professionals within the police, potentially creating more opportunities for lawyers. Practitioners should closely monitor the implementation of the directive to deploy lawyers to every police division, as this will significantly impact human rights compliance, due process, and the overall quality of justice administration in Nigeria. This ruling serves as a powerful affirmation of the rule of law and the critical role of a professional legal cadre in upholding justice and protecting fundamental rights within law enforcement agencies.