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Igwe, Others Afffected As Court Halts Police Reinstatement Of Retired Officers

The National Industrial Court of Nigeria, sitting in Abuja, has restrained the Nigeria Police Force and the Police Service Commission from reinstating hundreds of retired police officers, including Assistant Inspectors-General of Police Idowu Owohunwa and Benneth Chinedu Igwe.

Justice Buhari Sani issued the interim injunction on September 22, 2026, following an ex parte application filed by Advocacy for Human Rights and Cultural Values for Development Initiatives.

The order was issued 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 and members of Cadet Assistant Superintendent of Police Courses 18, 19 and 20.

Other affected senior officers include AIG Uche Ifeanyi Henry, DCP Simon Asamber Lough and AIG Joseph O. Eribo.
The suit challenges the ongoing process to reinstate officers who had previously been retired by the Police Service Commission over a dispute concerning the computation of their dates of first appointment into the Nigeria Police Force.

The applicant argued that the affected officers had already exceeded the mandatory retirement threshold of 35 years in service or attained the age of 60, whichever came first.

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.

The decision triggered a legal battle involving hundreds of senior police officers, particularly members of Cadet ASP Courses 18, 19 and 20.

The affected officers subsequently challenged their retirement before the National Industrial Court in Suit No. NICN/ABJ/28/2025.

On September 30, 2025, the court declared the mass retirement unlawful and ordered the reinstatement of the affected officers, including payment of their salaries and allowances.

The Police Service Commission appealed the judgment, but the Abuja Division of the Court of Appeal, on April 14, 2026, dismissed the appeal and affirmed the decision of the lower court.

Following the court judgments, the Nigeria Police Force commenced arrangements to return the affected officers to service.

In a 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.

Owohunwa, who belonged to Force Entrants Cadet ASP Course 19/1996, was among those listed. Igwe was also listed as a member of Course 19/1996, while Uche and Lough belonged to Course 20/2000.

The directive stated that documentation and arrival would run from August 1 to August 16, followed by the six-month induction programme from August 17, 2026, to February 16, 2027.

However, the latest suit has now placed the reinstatement process on hold.
The applicant told the court that the Nigeria Police Act, 2020 and the Public Service Rules, 2021 provide for retirement after 35 years of service or upon attaining 60 years of age.

It argued that the proposed reinstatement of the affected officers was contrary to the applicable retirement framework.

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 satisfied, including the existence of a legal right, a substantial issue requiring determination, the balance of convenience and the possibility of irreparable damage.

In granting the application, Justice Sani held that the ongoing implementation of the reinstatement process required urgent judicial intervention.

The judge said allowing the reinstatement to proceed could fundamentally alter the employment status of the affected officers and the structure of the Nigeria Police Force before the substantive issues were resolved.

Justice Sani also held that the balance of convenience favoured preserving the existing position pending determination of the case.

He 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.

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, Esq., appeared for the claimant/applicant, holding the brief of Hamza Nuhu Dantani, Esq.

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