Court Throws Out Age Falsification Charges Against Retired Senior Police Officers, Cites Malicious Prosecution

A High Court of the Federal Capital Territory (FCT) in Abuja has dismissed all criminal charges filed against several retired senior police officers over alleged age falsification, ruling that the prosecution failed to establish a sustainable case and was motivated by malice.

Justice Yusuf Halilu delivered the judgment in suit FCT/HC/CR/353/2025, discharging and acquitting the defendants after finding no legal basis to sustain the 14-count charge bordering on alleged falsification of age and official police records.

The defendants are retired Assistant Inspector-General of Police Idowu Owohunwa, retired Commissioners of Police Benneth Igweh and Ukachi Peter Opara, retired Deputy Commissioner of Police Obo Ukam Obo, and retired Assistant Commissioner of Police Simon A. Lough (SAN).

The case was instituted by the former Inspector-General of Police, Kayode Egbetokun.

In his ruling, Justice Halilu held that the prosecution failed to present sufficient evidence to justify the criminal proceedings. He further observed that the case appeared to have been initiated out of malice, noting that several courts had previously dismissed similar prosecutions involving other police officers, with some of those decisions upheld by the Court of Appeal.

The judgment effectively brings the criminal proceedings against the retired officers to an end.

The ruling marks another legal setback in the Nigeria Police Force’s efforts to prosecute senior officers accused of manipulating their age and service records to remain in office beyond the statutory retirement limits.

The controversy stems from the Police Service Commission’s (PSC) January 2025 directive approving the retirement of officers who had either attained the age of 60 or completed 35 years in service. Following the decision, the police leadership moved to implement the retirements and initiated disciplinary and criminal proceedings against some of the affected officers.

Several of the retired officers challenged both their compulsory retirement and the criminal charges in court, arguing that the actions taken against them were unlawful.

Monday’s judgment is the latest in a series of court decisions dismissing similar cases arising from the age falsification controversy within the Nigeria Police Force.