By Jonathan Nuhu
ABUJA, Nigeria — September 22, 2026
The National Industrial Court of Nigeria (NICN) 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 a proposed reinstatement of retired police officers linked to Cadet Assistant Superintendent of Police (Cadet ASP) Courses 18, 19 and 20 of the Nigeria Police Academy (NPA), Kano.
In an interim order delivered on Tuesday, September 22, 2026, Justice Buhari Sani directed the respondents to maintain the status quo pending the determination of the substantive motion for interlocutory injunction in Suit No. NICN/KN/51/2026.
What the Court Ordered
According to the NICN ruling, the Police leadership and the Police Service Commission were barred from:
- implementing the reinstatement decision, and
- enforcing any steps meant to restore the affected officers to service,
until the court resolves the issues raised for trial.
The court also ordered the respondents to serve and comply with status quo arrangements that existed immediately before reinstatement actions began.
The matter was adjourned to September 30, 2026 for hearing of the interlocutory application.
Latest Legal Challenge Targets Reinstatement Process
The new suit was brought through an ex parte application filed by Advocacy for Human Rights and Cultural Values for Development Initiatives, a non-governmental organisation (NGO), seeking urgent court intervention.
At the heart of the case is the applicant’s argument that the affected officers—already caught in earlier litigation over retirement—had surpassed mandatory retirement limits under Nigerian service regulations, having:
- exceeded 35 years in service, or
- attained 60 years of age,
whichever applies first.
Justice Sani found that the circumstances required urgent judicial intervention, particularly because the reinstatement process was already being carried out.
Officers Named in the Dispute
The affected officers highlighted in the suit include senior police officers previously retired by the Police Service Commission following a dispute over the computation of their dates of first appointment.
Among those mentioned are:
- AIG Idowu Owohunwa
- AIG Benneth Chinedu Igwe
- AIG Uche Ifeanyi Henry
- DCP Simon Asamber Lough
The officers were said to be connected to cadet pathways including Force Entrant Cadet ASP Course 19/1996 and Course 20/2000, as reflected in internal directives relied upon in the latest case.
Background: A Prolonged Retirement Fight
This fresh intervention comes amid a long-running dispute over the lawful retirement of hundreds of senior officers.
Key milestones include:
- January 31, 2025: The Police Service Commission approved immediate retirement for officers who had spent more than 35 years in service or attained 60 years of age.
- September 30, 2025: The NICN in Suit No. NICN/ABJ/28/2025 declared the mass retirement unlawful and ordered reinstatement, including salaries and allowances.
- April 14, 2026: The Abuja Division of the Court of Appeal dismissed the Police Service Commission’s appeal and affirmed the NICN decision.
- March 16, 2026: Another appeal by the former Inspector-General of Police Kayode Egbetokun and the Force Secretary was struck out, tightening the legal pathway toward reinstatement actions.
Following these decisions, the Nigeria Police Force began moves to return affected officers to service—setting the stage for the NGO’s latest application.
Confidential Police Letter Cited in Court
The urgency argument before Justice Sani relied heavily on a July 31, 2026 confidential directive issued by the Force Secretary, AIG Bode Akinbamilowo, writing on behalf of the Inspector-General of Police.
The letter instructed the affected officers to report for a compulsory six-month induction course at the Police Staff College, Jos.
The directive outlined:
- documentation and arrival window August 1 to August 16, 2026
- induction proper from August 17, 2026 to February 16, 2027
The suit also referenced appointment data included in the directive, stating:
- Owohunwa and Igwe were listed as appointed on August 15, 1996
- Uche Ifeanyi Henry and Simon Asamber Lough were listed as appointed on May 1, 2000
NGO Argues Statutory Retirement Bar Violated
The NGO told the court that the Nigeria Police Act, 2020 and Public Service Rules, 2021 establish a mandatory retirement framework—retirement after 35 years of service or upon attaining 60 years of age.
It argued that despite this statutory bar, a decision was taken to reinstate officers who, in the applicant’s view, remained legally due for retirement.
The application was supported by:
- a 29-paragraph affidavit deposed to by Sambo Jibril Jada,
- a nine-paragraph affidavit of urgency, and
- three exhibits, alongside a written address dated September 18, 2026.
Why the Court Granted the Interim Injunction
Counsel to the applicant, Hamza N. Dantani, argued that the requirements for an interim injunction were satisfied, including:
- existence of a legal right,
- substantial issues for trial,
- balance of convenience, and
- likelihood of irreparable harm.
Justice Sani held that the interim injunction met the legal threshold and reasoned that:
- if reinstatement continued and the court later ruled against it, the matter could become academic and the court’s eventual judgment could be rendered ineffective;
- the respondents would suffer no irreparable harm by maintaining the existing retirement framework until the legal questions were resolved.
The judge further noted that proceeding with reinstatement could fundamentally alter the employment and operational structure in ways that might not be adequately compensated by damages.
In reaching the decision, Justice Sani relied on the Supreme Court precedent in Kotoye v. C.B.N. (1989).
Next Hearing Set for September 30, 2026
The court ordered:
- service of the ruling, motion on notice, and originating summons within three days.
The case was subsequently adjourned to September 30, 2026 for hearing of the interlocutory application.
Zakari Mubashir, Esq. appeared for the claimant/applicant, holding briefs for Hamza Nuhu Dantani, Esq.
By halting the reinstatement process, the NICN has signaled that retirement eligibility and statutory compliance will be central issues in the suit. For the affected officers and the Nigeria Police Force, the interim order pauses reinstatement steps and preserves the dispute for full judicial review—pending a final determination on whether the reinstatement can stand in light of retirement thresholds under Nigeria’s legal framework.
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