Nigerian Court Bars Non-Specialist Police Lawyers from Civil Cases, Orders Wider Deployment

The National Industrial Court in Abuja has issued a significant ruling, barring police officers who are not part of the Specialist Legal Cadre from representing the Nigeria Police Force in civil proceedings. This decision applies even to officers who are otherwise qualified legal practitioners.

The court further mandated that the Police Service Commission and the Inspector-General of Police must ensure at least one police lawyer is deployed to every police station across the country. This directive aligns with the provisions of the Police Act 2020.

The landmark judgment was delivered by Justice O. Anuwe in a case brought forth by the Incorporated Trustees of the Nigerian Bar Association (NBA) against the Police Service Commission and five other respondents. The NBA's suit sought clarification on the application of Rule 8(1) and (2) of the Rules of Professional Conduct for Legal Practitioners, 2023, Section 18(9) and (11) of the Nigeria Police Act 2020, and Force Order 137(3) of the Ratified Police Force Order 2013.

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The NBA had the requisite legal standing, noting that the suit was filed in the public interest to protect the integrity of the legal profession and ensure compliance with statutory and professional obligations.

The NBA argued that numerous police officers, initially recruited for general duties, had obtained law degrees and were called to the Nigerian Bar. However, they had not been officially converted to the Specialist Legal Cadre as required by law. Despite this, these officers continued to perform legal duties, including representing the police in court, which the NBA contended violated professional conduct rules restricting lawyers in salaried employment from appearing for their employers unless employed as legal officers.

Justice Anuwe dismissed a preliminary objection by the Police Service Commission regarding the suit's competence and the NBA's standing. The court affirmed the NBA's legal standing, emphasizing the suit's public interest nature in protecting the legal profession's integrity and ensuring compliance with professional obligations. On the core issues, the court found the continued appearance of unqualified police officers in civil proceedings inconsistent with professional conduct rules, thus restraining them from such representation until properly appointed or converted to the Specialist Legal Cadre.

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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 applicable provisions of the Rules of Professional Conduct.