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Court orders police lawyer in every station

The National Industrial Court has ordered the Nigeria Police Force to deploy at least one qualified police lawyer to every...

The National Industrial Court has ordered the Nigeria Police Force to deploy at least one qualified police lawyer to every police station across the country.

Justice O. Y. Anuwe gave the directive while delivering judgment in a suit filed by the Incorporated Trustees of the Nigerian Bar Association against the Police Service Commission and five other defendants.

The court also ruled that police officers who are not members of the Specialist Legal Cadre cannot represent the Nigeria Police Force in civil proceedings. It held that only officers employed or converted into the legal cadre are qualified to perform such duties.

Justice Anuwe dismissed a preliminary objection by the Police Service Commission, which had challenged the competence of the suit and the NBA’s legal standing to institute the case.

The suit, filed through the NBA’s Section on Public Interest and Development Law, sought the court’s interpretation of provisions of the Police Act 2020, the Rules of Professional Conduct for Legal Practitioners 2023 and the Police Force Order 2013 on the role of police lawyers.

The NBA argued that several police officers recruited as General Duty Officers later obtained law degrees and were called to the Nigerian Bar but were never transferred to the Specialist Legal Cadre as required by law. Despite this, they continued to provide legal services and represent the police in court.

The association maintained that the practice contravened the Rules of Professional Conduct, which restrict salaried lawyers from appearing for employers unless they are employed as legal officers in government agencies.

In its judgment, the court held that the NBA had the legal standing to file the suit, adopting a broad approach to public interest litigation.

Justice Anuwe also ruled that legally qualified police officers who have not been appointed or converted to the Specialist Legal Cadre should not represent the Force in civil cases until their appointments comply with the law.

The judge said posting police lawyers to stations nationwide would strengthen legal oversight, improve compliance with human rights standards and enhance the handling of arrests, investigations and detention.

Reacting to the judgment, 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 ruling would promote professionalism in police legal practice, improve access to legal advice at police divisions and reinforce constitutional safeguards in policing.

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