The National Industrial Court of Nigeria (NICN), sitting in Abuja, has restrained 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 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, which also listed the Attorney-General of the Federation, the Head of Service of the Federation and members and officers of the affected cadet courses as defendants.
Among the officers affected by the order 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 Police Service Commission had previously retired the officers 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, with the applicant arguing that some of them had already completed 35 years in service or attained the mandatory retirement age of 60.
The Police Service Commission had, on January 31, 2025, approved the immediate retirement of officers who had either spent more than 35 years in service or attained 60 years of age.
The decision triggered litigation over how to calculate the officers’ dates of first appointment.
The affected officers subsequently approached the National Industrial Court in Suit No. NICN/ABJ/28/2025 to challenge 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 judgment, but the Abuja Division of the Court of Appeal dismissed the appeal on April 14, 2026 and affirmed the decision of the industrial court.
Earlier, on March 16, 2026, the court struck out another appeal filed by former Inspector-General of Police Kayode Egbetokun and the Force Secretary.
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 included Owohunwa, a member of Force Entrants Cadet ASP Course 19/1996; Igwe, also of Course 19/1996; Henry, of Course 20/2000; and Lough, also of Course 20/2000.
The document listed August 15, 1996, as the appointment date for Owohunwa and Igwe, while it listed Henry and Lough as appointed on May 1, 2000.
The induction programme was scheduled to begin with documentation between August 1 and 16, followed by the six-month programme from August 17, 2026, to February 16, 2027.
The ongoing implementation of the reinstatement process led to the latest application before the court.
According to the ruling, the applicant argued that the Nigeria Police Act, 2020 and the Public Service Rules, 2021 provide for compulsory retirement after 35 years in service or upon attaining 60 years, whichever comes first.
The organisation told the court that it later became aware of plans to reinstate the officers despite what it described as the 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 satisfied, including the existence of a legal right, a substantial issue to be determined, the balance of convenience and the possibility of irreparable harm.
A major part of the urgency argument 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 ongoing implementation of the reinstatement process warranted urgent judicial intervention.
Relying on the Supreme Court decision in Kotoye v. C.B.N. (1989) 1 NWLR (Pt. 98) 419, the judge considered the conditions required 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.”
He added, “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.”
The judge further held that “the Defendants would suffer no irreparable harm by maintaining the existing retirement framework until the issues are resolved.”
According to him, allowing the reinstatement to proceed could fundamentally alter the employment status of the officers and the structure of the Nigeria Police Force in a manner that might not be adequately remedied through damages.
The court also noted the applicant’s undertaking to abide by any order concerning 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, enforcing, or giving effect to the decision to reinstate the affected Cadet ASP graduates pending determination of the motion on notice for interlocutory injunction.
The court also 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 case was 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.
