The National Industrial Court of Nigeria (NICN), Abuja, has issued an interim injunction restraining the Inspector-General of Police (IGP), the Nigeria Police Force (NPF) and the Police Service Commission (PSC) from implementing the proposed reinstatement of retired officers from Cadet Assistant Superintendent of Police (ASP) Courses 18, 19 and 20 of the Nigeria Police Academy, Kano.
Justice Buhari Sani issued the order on Tuesday, September 22, 2026, following an ex parte application filed by Advocacy for Human Rights and Cultural Values for Development Initiatives.
The order was made in Suit No. NICN/KN/51/2026, which also names the Attorney-General of the Federation, the Head of Service of the Federation, and members and officers of the affected cadet courses as defendants.
Officers Affected by the Order
Among the officers affected are Assistant Inspectors-General of Police Idowu Owohunwa, Benneth Chinedu Igwe, Uche Ifeanyi Henry and Joseph O. Eribo, as well as Deputy Commissioner of Police Simon Asamber Lough.
The officers had previously been retired by the Police Service Commission following a dispute over the computation of their dates of first appointment into the Nigeria Police Force.
The latest suit challenges the ongoing process of reinstating the officers. The applicant contends that some of them had already completed the statutory 35 years of service or attained the mandatory retirement age of 60, whichever came first.
Background to the Police Retirement Dispute
The Police Service Commission, on January 31, 2025, approved the immediate retirement of police officers who had either served for more than 35 years or attained the age of 60.
The decision resulted in litigation over the appropriate dates from which the affected officers’ years of service should be calculated.
The officers subsequently approached the National Industrial Court in Suit No. NICN/ABJ/28/2025, challenging their retirement.
On September 30, 2025, the NICN declared the mass retirement unlawful and ordered the reinstatement of the affected officers, including the payment of their salaries and allowances.
The Police Service Commission appealed the judgment. However, the Abuja Division of the Court of Appeal dismissed the appeal on April 14, 2026, thereby affirming the decision of the Industrial Court.
Earlier, on March 16, 2026, the court had struck out another appeal filed by former Inspector-General of Police Kayode Egbetokun and the Force Secretary.
Police Commences Reinstatement Process
Following the court decisions, the Nigeria Police Force commenced arrangements to return the affected officers to service.
In a confidential letter dated July 31, 2026, the Force Secretary, AIG Bode Akinbamilowo, acting on behalf of the Inspector-General of Police, directed the affected officers to report for a compulsory six-month induction programme at the Police Staff College, Jos.
The directive covered Owohunwa and Igwe, both members of Force Entrants Cadet ASP Course 19/1996, as well as Henry and Lough, both of Course 20/2000.
The document stated that Owohunwa and Igwe were appointed on August 15, 1996, while Henry and Lough had May 1, 2000 as their appointment date.
The induction programme was scheduled to commence with documentation between August 1 and 16, followed by a six-month programme running from August 17, 2026, to February 16, 2027.
It was the continuation of this reinstatement process that prompted the latest application before the NICN.
Applicant Seeks Urgent Judicial Intervention
In the application, the claimant argued that the Nigeria Police Act, 2020 and the Public Service Rules, 2021 provide for compulsory retirement after 35 years of service or upon attaining 60 years of age, whichever occurs first.
The organisation said it subsequently became aware of plans to reinstate the affected officers despite what it described as the applicable statutory retirement limits.
The application was supported by a 29-paragraph affidavit deposed to by Sambo Jibril Jada, three exhibits, a nine-paragraph affidavit of urgency and a written address dated September 18, 2026.
Counsel for the applicant, Hamza N. Dantani, argued that the requirements for an interim injunction had been established. These included the existence of a legal right, the presence of a substantial issue for determination, the balance of convenience and the risk of irreparable harm.
A key element of the urgency application was the July 31 directive requiring the affected officers to participate in the induction programme.
Although the application was filed on September 18, Justice Sani held that the continuing implementation of the reinstatement process justified urgent judicial intervention.
Court Relies on Supreme Court Precedent
In considering the application, the judge relied on the Supreme Court’s decision in Kotoye v. C.B.N. (1989) 1 NWLR (Pt. 98) 419, which sets out considerations relevant to the granting of interim injunctions.
On the issue of the balance of convenience, Justice Sani held that “the balance of convenience tilts in favour of granting this application.”
The judge further stated:
“If the order is refused and the officers are reinstated, the res of the suit would be destroyed. The Applicant’s case would be rendered academic, and any judgment obtained would be a mere brutum fulmen.”
Justice Sani also held that:
“The Defendants would suffer no irreparable harm by maintaining the existing retirement framework until the issues are resolved.”
The court reasoned that allowing the reinstatement to proceed could significantly alter the employment status of the affected officers and the structure of the Nigeria Police Force in ways that might not be adequately remedied by an award of damages.
The court also took note of the applicant’s undertaking to comply with any order relating to damages or other conditions imposed by the court.
NICN Orders Parties to Maintain Status Quo
Consequently, Justice Sani restrained the Inspector-General of Police, the Nigeria Police Force and the Police Service Commission from implementing, enforcing or giving effect to the decision to reinstate the affected Cadet ASP graduates pending the determination of the motion on notice seeking an interlocutory injunction.
The court further directed the parties to maintain the status quo that existed immediately before the reinstatement decision.
The applicant was ordered to serve the ruling, motion on notice and originating summons on the respondents within three days.
The matter has been adjourned until September 30, 2026, for hearing of the interlocutory application.
Zakari Mubashir appeared for the claimant/applicant, holding the brief of Hamza Nuhu Dantani.