The National Industrial Court in Abuja has lifted its order that had stopped the reinstatement of 455 senior police officers who were earlier retired from service. The officers, including Commissioners of Police Benneth Igwe and Simon Lough, and Assistant Inspector-General of Police Idowu Owohunwa, were reinstated following a court judgment. The court's decision was made on September 30, 2026, by Justice Buhari Sani.
According to Justice Sani, the court initially intervened to preserve the subject matter of the dispute but later discovered that the police authorities were implementing a subsisting judgment delivered by the court in 2025 and affirmed by the Court of Appeal. The judge held that the court cannot restrain the execution of its own judgment, saying it would be setting the court against its own judgment.
The ex parte order that was lifted was obtained by Advocacy for Human Rights and Cultural Values for Development Initiative against the Inspector-General of Police, Attorney-General of the Federation, and Head of the Civil Service of the Federation. The organisation had challenged the implementation of earlier judgments reinstating the affected officers, who had commenced a refresher course preparatory to their return to service.
The 455 officers range from Chief Superintendents of Police to Assistant Commissioners of Police and are members of Cadet ASP Courses 18, 19, and 20, who entered the Force directly. They had challenged their compulsory retirement before attaining the statutory retirement age of 60 in a suit filed on their behalf by ACP Ambrose Emengaha and others.
In the suit, NICN/ABJ/345/2019, Justice R.B. Haastrup had ordered their reinstatement on September 30, 2025, and restrained the authorities from further unlawfully retiring officers who had not attained the mandatory retirement age. The Police Service Commission had appealed the judgment but the Court of Appeal affirmed the decision.
The Court of Appeal's lead judgment, delivered by Justice Adebukola Banjoko on April 14, 2026, held that setting aside the judgment would prejudice third-party rights, disrupt settled expectations, and undermine administrative stability. The court added that judicial intervention must favour certainty and stability in public administration.
The counsel to the affected officers, Gordy Uche, had argued that the NGO's ex parte application amounted to an abuse of court process and had disrupted the training of the officers, demanding N1 billion in damages. The case has been returned for reassignment, with the parties to be served a fresh hearing date.
Key points
- National Industrial Court lifts order stopping reinstatement of 455 senior police officers.
- Court rules it cannot restrain execution of its own judgment.
- Affected officers are members of Cadet ASP Courses 18, 19, and 20.
