The National Industrial Court of Nigeria (NICN) in Abuja has ruled that lawyers serving in the Nigeria Police Force but not appointed as legal officers can only prosecute criminal cases and are barred from performing any other legal practitioners’ functions for their employer.
The judge, Olufunke Anuwe, declared in her judgement delivered on Friday “that police officers who are lawyers but not appointed or upgraded as legal officers in the Nigeria Police Force are in breach of the provisions of Rule 8(1) and (2) of the Rules of Professional Conduct for Legal Practitioners, 2023, by their actions of functioning and performing the duties of legal officers, other than the duties of prosecution of criminal cases, for their employer.”
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The judge also ordered the police force, the Police Service Commission (PSC) and the Inspector-General of the Federation to deploy “police officers who are legal practitioners to every Police Division in Nigeria to assist with the enforcement of human rights in policing at the Divisions.”
She noted that all serving police officers who are lawyers but have yet to be upgraded to be legal officers of the force should stop posing as and performing the functions of legal officers other than prosecuting criminal cases.
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In addition, citing Section 66(3) of the Nigeria Police Act, 2020, the judge ordered the Nigerian police to deploy at least one police officer who is qualified to practise as a legal practitioner in every division in compliance with the Legal Practitioners Act.
The judge gave the orders following a suit instituted in September 2025 by the Nigerian Bar Association (NBA).
The association sued as defendants the Police Service Commission, the Nigeria Police Force, the Inspector General of Police, the Commissioner of Police (in charge of Legal, Force Headquarters, Abuja), Director, Directorate of Legal Services, Force Headquarters, Abuja, Ohiozoba Ehiede, and the Attorney General of the Federation (AGF).
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The NBA, through its lawyer, Olukunle Edun, a Senior Advocate of Nigeria, prayed that officers trained in the legal profession be upgraded to the rank of Superintendent of Police and as legal officers. He also sought the deployment of lawyers in all police divisions of the force.
Opposing the suit, the police force, the IGP, Commissioner of Police argued that it could not promote or upgrade the affected police officers because “promotion to another rank is not automatic but depends on availability of vacancy.”
The PSC also stated that police officers who became lawyers while in service were appointed as General Duty Officers and not as legal officers. It added that since some did not take permission to further their education, it could not be compelled to promote them because they also did not follow due process.
It also claimed that it “has no knowledge of the professional qualification acquired by the affected police officers.”
Upon hearing the submissions of the parties, the judge ruled in her judgement that the court lacked the power to promote the officers and could not order the PSC to promoteofficers who did not follow due procedure as outlined in the public service rule.
However, the judge restrained all police officers who have not been upgraded or appointed to legal officers from carrying out the functions and responsibilities of legal officers from the force.
READ ALSO: Anti-corruption groups urge African leaders to close enforcement gap, back international anti-graft court
Justification for the rules
Previous cases have offered insights into the reasoning behind the rules that generally bar salaried lawyers from repesenting their organisations in court.
The rules were put in place to ensure professional indepence, so that lawyers can provide objective advice without the pressure of being an internal employee.
It also serves as a measure to stop in-house corporate lawyers from operating like external solicitors, which would otherwise deprive independent law firms of legal work.
The professional rules provides an exception to Rule 8(1), allowing lawyers employed as a legal officers in a government department to take up cases in court on behalf of their employers.
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