By Ebinum Samuel
A Lagos-based human rights lawyer, A. G. Giwa-Amu, has cautioned that any attempt by a lower court to disregard or disobey a decision of the Court of Appeal amounts to “judicial rascality,” warning that such conduct would undermine the administration of justice and violate the hierarchy of courts established under the 1999 Constitution.
Giwa-Amu’s comments come against the backdrop of a fresh legal battle over the reinstatement of hundreds of retired senior police officers, a matter that has already passed through the National Industrial Court and the Court of Appeal.
“It will be a slap on the administration of justice for a lower court to disobey the decision of a higher court or disregard the adjudication of a matter by the Court of Appeal,” he said.
He explained that Nigeria’s constitutional structure obligates lower courts to comply with the rulings of superior courts once the law has been clearly settled.
“If it is against public policy, the rules and laws establishing the courts, and the Constitution of the Federal Republic of Nigeria, which has laid down the hierarchy of courts, then the lower court is bound by the decisions of the higher court,” Giwa-Amu said.
Invoking the doctrine of judicial precedent, he insisted that any lower court moving to reopen a matter already decided by the Court of Appeal would be acting improperly.
“In fact, the principle of law is known as stare decisis, which means that lower courts are bound by the decisions of higher courts,” he said.
The lawyer, however, acknowledged a narrow exception, noting that lower courts retain the power to distinguish a case where the facts differ materially from an earlier decision.
“Although lower courts have the power to distinguish cases and follow their own paths, once the law laid down by the Court of Appeal is clear and unequivocal, the lower court must follow it,” he said.
He went further, describing a lower court’s deliberate refusal to follow settled law as tantamount to institutional self-destruction.
“It will amount to judicial kamikaze for a lower court to flagrantly refuse to follow the law as laid down by a higher court,” Giwa-Amu said.
Reacting to the development, an editor with News Forumng, Mr Best Charles, echoed the concern, questioning the propriety of any lower court asserting jurisdiction over a matter already settled at the appellate level.
“Very absurd! Why should another lower court take jurisdiction over a matter that had been adjudicated upon by a Court of Appeal?” Charles said.
The commentary follows a fresh order by the National Industrial Court sitting in Abuja, which 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, AIG Uche Ifeanyi Henry, DCP Simon Asamber Lough and AIG Joseph O. Eribo.
Justice Buhari Sani issued the interim injunction on September 22, 2026, in Suit No. NICN/KN/51/2026, following an ex parte application by Advocacy for Human Rights and Cultural Values for Development Initiatives 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.
The suit challenges the ongoing process of reinstating officers previously retired by the Police Service Commission in a dispute over the computation of their dates of first appointment.
The applicant contends the affected officers had already exceeded the mandatory retirement threshold of 35 years in service, or age 60, whichever came first.
The Police Service Commission had approved the mass retirement on January 31, 2025, triggering a legal fight that saw the National Industrial Court, on September 30, 2025, declare the retirements unlawful and order reinstatement with back pay. The Court of Appeal’s Abuja Division affirmed that decision on April 14, 2026.
Acting on the appellate ruling, the Force Secretary, AIG Bode Akinbamilowo, directed the affected officers in a July 31, 2026 letter to report for a compulsory six-month induction programme at the Police Staff College, Jos, running from August 17, 2026 to February 16, 2027.
Counsel to the new applicant, Hamza N. Dantani, argued that the conditions for an interim injunction an existing legal right, a substantial issue for determination, balance of convenience and risk of irreparable harm had been met.
Granting the order, Justice Sani held that allowing the reinstatement to proceed could fundamentally alter the officers’ employment status and the Police Force’s structure before substantive issues were resolved and directed parties to maintain the status quo. The matter has been adjourned to September 30, 2026 for hearing of the interlocutory application.
Zakari Mubashir, Esq., appeared for the applicant, holding the brief of Hamza Nuhu Dantani, Esq.
