Court orders deployment of police lawyer to stations
The National Industrial Court in Abuja has ordered the deployment of at least one police lawyer to every police station across the country in line with the Police Act 2020.
Justice O. Y. Anuwe gave the order on Friday while delivering judgment in a suit filed by the Incorporated Trustees of the Nigerian Bar Association against the Police Service Commission and five others.
The court also barred police officers who are not employed in the Specialist Legal Cadre from representing the Nigeria Police Force in civil proceedings.
It further dismissed a preliminary objection by the PSC challenging the competence of the suit and the locus standi of the NBA to institute the action.
The judgment followed a public interest suit instituted by the NBA, through its Section on Public Interest and Development Law, seeking the interpretation of provisions of the Rules of Professional Conduct for Legal Practitioners 2023, the Police Act 2020 and the Police Force Order 2013 relating to the status and functions of police lawyers.
The NBA had argued that several police officers recruited as General Duty Officers later obtained law degrees 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 belonging to the Specialist Legal Cadre, the officers continued to provide legal services and represent the police in court, contrary to Rule 8 of the Rules of Professional Conduct.
The Rule 8 restricts salaried lawyers from appearing for their employers unless they are employed as legal officers in a government department or agency.
In the judgment, the court held that the NBA had the legal standing to institute the suit, adopting what it described as a liberal approach to locus standi in public interest litigation.
Justice Anuwe held that the action was brought to protect the interests of legal practitioners and ensure compliance with statutory and professional obligations.
The court also ruled that the continued appearance of legally qualified police officers who had not been appointed or converted to the Specialist Legal Cadre in civil proceedings on behalf of the Nigeria Police was inconsistent with the Rules of Professional Conduct.
Consequently, the court restrained such officers from representing the police in civil cases until they are duly appointed or converted to the appropriate legal cadre.
Justice Anuwe held that deploying police lawyers to police stations nationwide would strengthen legal oversight within the Force and enhance compliance with human rights standards in police operations, including arrests, detention and investigations.
The NBA had also sought orders directing the conversion of all qualified police lawyers currently performing legal duties within the Force to the Specialist Legal Cadre.
Reacting to the judgment in a statement on its official X handle on Saturday, the NBA described the decision as a major step towards strengthening the rule of law and institutional reforms within the Nigeria Police Force.
The association said the judgment would promote the professionalisation of police legal practice, improve access to legal advice at police divisions and reinforce constitutional safeguards in policing.
The suit was prosecuted by the NBA-SPIDEL Public Interest Litigation Committee led by Olukunle Edun, SAN, alongside Austin Utah, Dr Lilian Ojimma, Bulus Atsen, Olajide Abiodun, Mohammed Danjuma and Vincent Adodo.
