The National Industrial Court of Nigeria sitting in Abuja has temporarily halted the reinstatement of 455 senior police officers previously ordered back into the Nigeria Police Force, creating a fresh legal hurdle months after the Court of Appeal affirmed an earlier judgment setting aside their compulsory retirement.
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Justice Buhari Sani, in an interim ruling delivered on September 22, 2026, restrained the Inspector-General of Police, the Nigeria Police Force and the Police Service Commission from implementing, giving effect to or enforcing the decision to reinstate graduates of Cadet Assistant Superintendent of Police Courses 18, 19 and 20 of the Nigeria Police Academy, Kano.
The order was made in Suit No. NICN/KN/51/2026, following an ex-parte application filed by Advocacy for Human Rights and Cultural Values for Development Initiatives.
The court directed the affected authorities, including their officers, servants, agents and privies, to maintain the status quo that existed immediately before the decision to reinstate the officers, pending the hearing and determination of the applicant’s motion on notice for interlocutory injunction.
The applicant was also ordered to serve the ruling, the motion on notice and the originating summons on the affected parties within three days.
The matter was adjourned until September 30, 2026, for hearing of the application for interlocutory injunction.
The interim order does not finally determine whether the 455 officers are entitled to return to service. It temporarily preserves the position of the parties while the court considers the substantive legal questions raised in the fresh action.
The latest litigation follows a prolonged dispute over the retirement of officers from Cadet ASP Courses 18, 19 and 20.
The controversy began after the Police Service Commission, working with the police leadership, compulsorily retired 455 senior officers on January 31, 2025, following disagreement over the computation of their dates of first appointment and whether they had attained the applicable retirement threshold.
Among officers affected were AIG Idowu Owohunwa, AIG Benneth Chinedu Igwe and DCP Simon Asamber Lough, alongside other senior officers.
The affected officers challenged the decision at the National Industrial Court in an earlier action involving ACP Chinedu Ambrose Emengaha and others, arguing against their compulsory retirement.
The National Industrial Court subsequently set aside the retirement and ordered their immediate reinstatement, together with payment of salaries and allowances.
It also restrained the Police Service Commission and the then Inspector-General of Police, Kayode Egbetokun, from taking further steps connected with the retirement of the affected officers.
The Police Service Commission and police authorities separately challenged that decision at the Court of Appeal.
On March 16, 2026, the Court of Appeal struck out a separate appeal filed by the Inspector-General of Police and the Force Secretary.
The appellate court subsequently dismissed the PSC’s appeal in April 2026 and affirmed the National Industrial Court’s judgment reinstating the officers.
Following the appellate decisions, steps were reportedly taken by the police authorities to implement the reinstatement, including directing affected officers to participate in a compulsory six-month induction programme at the Police Staff College, Jos.
It was against that background that Advocacy for Human Rights and Cultural Values for Development Initiatives commenced the fresh action.
The organisation is asking the court to examine whether officers who may have attained 60 years of age or completed 35 years of pensionable service can lawfully remain in active service, notwithstanding the earlier judgments concerning their dates of first appointment.
The fresh suit raises questions concerning the interpretation of the Nigeria Police Act 2020, Public Service Rules, Pension Reform Act and earlier judgments involving the affected courses.
Justice Sani, in granting the interim injunction, held that the subject matter of the litigation should be preserved pending determination of the substantive issues.
Consequently, the earlier Court of Appeal decision affirming the officers’ reinstatement has not itself been set aside by the latest interim order. Rather, implementation of the reinstatement has been temporarily restrained while the National Industrial Court considers the fresh challenge.
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