The Court of Appeal, Abuja Division has dismissed an appeal brought by the Police Service Commission (PSC) on the forced retirement of several senior police officers, affirming the judgment of the National Industrial Court on the controversial retirement.

Among the senior officers affected by the forced retirement were AIG Idowu Owohunwa, AIG Ben Igwe, and DCP Simon Lough (SAN). Lough is the first police officer to be bestowed with the coveted rank of Senior Advocate of Nigeria (SAN).

Lough had told CITY LAWYER in an exclusive interview that Owohunwa was retired to bar him from rising to the position of Inspector General of Police while he was retired to forestal his emergence as Commissioner of Police (Legal Department).

CITY LAWYER recalls that the affected officers had approached the National Industrial Court of Nigeria in suit No. NICN/ABJ/28/2025 between ACP Chinedu Ambrose Emengaha and 7 Others Vs Police Service Commission and 2 Others.

The court had made “An Order of perpetual injunction is also made restraining the Defendants jointly and severally from unlawfully and illegally retiring any member of Force Entrants-Courses 18, 19 & 20 who have not attained the mandatory retirement age of 60 years.” The judgment was delivered on September 30, 2025 by Justice Rakiya Bosede Haastrup.

Dissatisfied with the judgment of the lower court, the Police Service Commission had approached the Court of Appeal with a view to reverse the judgment.

Delivering judgment in the Appeal No. CA/ABJ/PRE/ROA/CV/1829MI/2025, Police Service Commission Vs ACP Chinedu Ambrose Emengaha & 8 ors challenging the judgment of the National Industrial Court of Nigeria Abuja Division on the forced retirement of 196 senior police officers on 31st January, 2025, the court held that the appeal lacked merit.

The unanimous judgment was delivered by the Court of Appeal panel comprising Justice Donatus Uwaezuoke Okorowo, Justice Adebukola Banjoko, and Justice Okon Efreti Abang, bringing finality to the long-drawn issue of date of first appointment into the Nigeria Police Force of Cadet ASP Courses 18, 19 and 20 force entrants of the Police Academy.

CITY LAWYER recalls that the Court of Appeal is the final court on labour matters. It is recalled that the Court of Appeal had on March 16, 2026, struck out a separate appeal (No.CA/ABJ/PRE/ROA/CV/1620MI/2025) filed by then Inspector-General of Police and the Force Secretary, describing it as lacking merit.

The mass retirement of the senior officers on January 31, 2025, by the PSC in conjunction with then Inspector-General of Police, Kayode Egbetokun, had sparked widespread controversies. Following the disputed action, the affected officers instituted legal proceedings in Suit No. NICN/ABJ/28/2025 (ACP Chinedu Ambrose Emenagha & 7 Ors vs. Police Service Commission & 2 Ors), challenging the legality of their forced retirement.

CITY LAWYER recalls that the Police leadership had in a wireless message dated March 4, 2025, announced the retirement of Owohunwa and Lough among others, citing the ‘Decisions of the Extra Ordinary Meeting of the Police Service Commission held on Thursday 20th February, 2025.’

The message read: “Grateful be informed that the underlisted senior police officers have been retired from the Force. W.E.F dates indicated against their names. AP/NO. 50645 AIG Idowu Owohunwa, W.E.F X 10/02/2025 X AP/NO 50703 CP Benneth Igweh C. X W.E.F X 01/05/2023 X ΑΡ/ΝΟ 41704 CP Aina Emmanuel A. W.E.F X 10/02/2025 X ΑΡ/ΝΟ 41741 CP Salama Wakili Abdul W.E.F X 26/02/2025 X AP/NO 57917 ACP Simon A. Lough (SAN) W.E.F X 01/08/2022 X AP/NO 57894 ACP Dakon Philip Sarpiwefa, ΑΡ/ΝΟ 42600 ACP Grace O. Ejiofor.”

It remains to be seen whether the Police Service Commission and current Inspector-General of Police, Mr. Olatunji Disu, will comply with the judgement.

It is recalled that PSC spokesperson, Mr. Ikechukwu Ani, had in a statement stated that “the Commission wishes to inform the general public that it is fully aware of the recent judgment of the National Industrial Court of Nigeria between ACP Chinedu Ambrose Emengaha and ORS vs Police Service Commission and two ORS Suit No. NICN/ABJ/28/2025, which was delivered on the 30th day of September 2025 by Hon. Justice R.B Haastrup.

“… Nothing in the above decision of the court specifically orders the reinstatement of the officers as alleged or specifically mentions any other officer.

“The public should note further that the Commission is studying the decision of the court with a view to taking appropriate steps, including exercising its right to appeal.

“Furthermore, the commission notes with much concern that the officers specifically referred to in the news filed a separate suit before the same court, that is: AIG Idowu Owohunwa, AIG Benneth Igwe, DCP Simon Lough vs Police Service Commission and seven ORS with Suit No. NICN/ABJ/88/2025, is challenging their retirement from the Nigeria Police Force, which is awaiting the attention of the court.

“It is important to conclude this statement by restating that the Commission is a responsible organization with one of its cardinal principles as ‘obedience to the rule of law’, and it will not do anything to disparage the sanctity of the judiciary.”

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