A combo of AIG Idowu Owohunwa, and AIG Benneth Chinedu Igwe Photo: Inshot
By Victory Oghene
The National Industrial Court of Nigeria, sitting in Abuja, has restrained the Inspector-General of Police, the Nigeria Police Force and the Police Service Commission from implementing or giving effect to the proposed reinstatement of retired police officers from Cadet Assistant Superintendent of Police Courses 18, 19 and 20 of the Nigeria Police Academy, Kano.
Justice Buhari Sani issued the interim injunction on Tuesday, September 22, 2026, following an ex parte application filed by Advocacy for Human Rights and Cultural Values for Development Initiatives, a non-governmental organisation.
The order was made in Suit No. NICN/KN/51/2026, filed against the Inspector-General of Police, the Nigeria Police Force, the Attorney-General of the Federation, the Head of Service of the Federation, the Police Service Commission, as well as members and officers of Cadet ASP Courses 18, 19 and 20.
The affected officers include senior police officers such as Assistant Inspector-General of Police Idowu Owohunwa, AIG Benneth Chinedu Igwe, AIG Uche Ifeanyi Henry and DCP Simon Asamber Lough, who were among officers previously retired by the Police Service Commission over the disputed computation of their dates of first appointment.
Also listed among the affected officers is AIG Joseph O. Eribo, who belonged to Force Entrants Cadet ASP Course 18/1994.
The latest suit challenges the proposed reinstatement process, with the applicant arguing that the affected officers had already exceeded the mandatory retirement threshold of 35 years in service or attained 60 years of age.
The case comes against the backdrop of a prolonged legal dispute over the retirement of hundreds of senior police officers, including officers from Cadet ASP Courses 18, 19 and 20.
The Police Service Commission had on January 31, 2025 approved the immediate retirement of officers who had spent more than 35 years in service or attained 60 years of age.
The decision affected hundreds of officers and triggered a legal challenge over the calculation of their dates of first appointment into the Nigeria Police Force.
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, with their salaries and allowances.
The Police Service Commission appealed the decision, but the Abuja Division of the Court of Appeal on April 14, 2026 dismissed the appeal and affirmed the NICN judgment.
The Court of Appeal’s decision followed an earlier ruling on March 16, 2026, when another appeal filed by former Inspector-General of Police Kayode Egbetokun and the Force Secretary was struck out.
The dispute centred on the date of first appointment of officers from several police entrant courses, particularly Cadet ASP Courses 18, 19 and 20.
Following the court judgments, the Nigeria Police Force commenced the process of bringing the affected officers back into service.
In a confidential letter dated July 31, 2026, Force Secretary AIG Bode Akinbamilowo, writing on behalf of the Inspector-General of Police, directed the affected officers to report for a compulsory six-month induction course at the Police Staff College, Jos.
Among those listed were Owohunwa, who belonged to Force Entrants Cadet ASP Course 19/1996; Igwe, also of Course 19/1996; Uche Ifeanyia Henry, of Course 20/2000; and Lough, also of Course 20/2000.
The document listed Owohunwa’s date of appointment as August 15, 1996, while Igwe was also listed as appointed on August 15, 1996.
Uche and Lough were both listed as appointed on May 1, 2000.
The July directive stated that the induction programme would commence with arrival and documentation from August 1 to August 16, followed by the six-month induction proper from August 17, 2026, to February 16, 2027.
It was this ongoing reinstatement process that prompted the latest application before Justice Sani.
According to the court’s ruling, the applicant argued that the Nigeria Police Act, 2020 and the Public Service Rules, 2021 provide for mandatory retirement after 35 years of service or upon attaining 60 years of age, whichever comes first.
The NGO told the court that it subsequently learnt that a decision had been taken to reinstate the affected officers despite what it considered a statutory bar.
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 to the applicant, Hamza N. Dantani, argued that the conditions for granting an interim injunction had been met, including the existence of a legal right, a substantial issue to be tried, balance of convenience and the possibility of irreparable damage.
A major part of the urgency argument was a July 31 letter from the Inspector-General of Police directing the affected officers to report for the six-month induction course.
Although the application was filed on September 18, Justice Sani held that the ongoing implementation of the reinstatement process constituted a situation requiring urgent judicial intervention.
Relying on the Supreme Court’s decision in Kotoye v. C.B.N. (1989) 1 NWLR (Pt. 98) 419, the judge considered the conditions for granting an interim injunction.
On the balance of convenience, Justice Sani held that “the balance of convenience tilts in favour of granting this application. 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.”
He added that “the Defendants would suffer no irreparable harm by maintaining the existing retirement framework until the issues are resolved.”
The judge also held that proceeding with the reinstatement could fundamentally alter the employment status of the officers and the structure of the Nigeria Police Force in a manner that could not adequately be compensated through damages.
The court further noted the applicant’s undertaking to abide by any order as to damages or other conditions imposed by the court.
Justice Sani consequently 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 the affected Cadet ASP graduates pending determination of the motion on notice for interlocutory injunction.
He also directed the respondents 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 within three days.
The matter was adjourned to September 30, 2026, for hearing of the interlocutory application.
Zakari Mubashir, Esq., appeared for the claimant/applicant, holding the brief of Hamza Nuhu Dantani, Esq.
Source: Sahara Reporters
