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An Appraisal of the Police in Criminal Prosecution under the Nigerian Law

DOI: 10.4236/blr.2025.161023, PP. 445-467

Keywords: Criminal Prosecution, Prosecutor, The Police, Public Prosecution, Police Prosecutorial Power

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Abstract:

Criminal prosecution is the exercise of sovereign power of the state to initiate prosecutorial proceedings. This sovereign power, a public power, is delegated officially to federal and state investigating agencies including the police for prosecution of criminal cases. This paper examined the legal framework and professional practices on criminal investigation and policing in Nigeria. These were with a view to understanding the conceptual meaning, nature and scope of criminal prosecution undertaken by the police in Nigeria. The study relied on primary and secondary sources of information. The primary source included unstructured interviews with relevant authorities, judicial decisions, state and federal laws governing criminal prosecution in Nigeria, which comprise the Nigerian Constitution, the police enabling law, the Nigeria Police Act, the Administration of Criminal Justice Act 2015, with other extant substantive and procedural penal laws. The secondary source of information consisted of books, journal articles, conference proceedings, newspaper publications and the internet. Data collected were subjected to content analysis. The study found that, although the Nigeria Police is a conferee of enormous sovereign prosecutorial powers donated by the Nigerian and other extant laws in Nigeria, the nature and extent of its power of criminal prosecution are limited by the law. It further found that, though the police are empowered to prosecute in all courts in Nigeria, for any police officer to exercise prosecutorial power at the superior courts, he or she must be a qualified legal practitioner in consonance with the provisions of the Nigerian Legal Practitioner Act. The paper, therefore, insisted that, unless the police authorities commence massive recruitment of trained lawyers into the Force, realising its noble objective in public prosecution, which is its cardinal constitutional role, may remain a mirage. This paper, therefore, recommended the increase of the admission quota at the Nigerian Law School for Police Academy, Wudil, Kano.

References

[1]  (2004). The New International Webster’s Comprehension Dictionary of English Language. Trident Press International.
[2]  (2010). The Webster’s Universal Dictionary and Thesaurus (p. 383). Geddes and Grossed.
[3]  (2017). Police Reacts to Removal of Prosecutorial Powers on Criminal Case. Thenigeria Lawyer.
https://www.thenigerialawyer.com
[4]  (2025). The Illusory Truth Effect: We Believe Fake News, Conspiracy Theories, and Propaganda.
https://fs.blog/illusory-truth-effect/
[5]  Alubo, A. (2015). Revisiting the Administration of Criminal Justice Act (ACJA) 2015: Issues and Recommendations. In Reforming the Administration of Criminal Justice Act. National Institute for Legislative Studies (NILS).
[6]  Babalola, A. (2014). Power of Police to Prosecute Criminal Cases: Nigeria and International Perspectives. European Journal of Business and Social Sciences, 2, 127-134.
[7]  Ehindero, S. G. (1998). The Nigeria Police and Human Rights (p. 1). Ehindero Press.
[8]  Ehindero, S. G. (2003). The Policeman as Prosecutor. Ehindero (Nig.) Ltd.
[9]  Garner, B. A. (1999). Black’s Law Dictionary (8th ed., p. 1344). Thomson West.
[10]  Garner, B. A. (2015). Black’s Law Dictionary (10th ed.). Thomson Reuters.
https://store.legal.thomsonreuters.com/law-products/Dictionaries-Desk-Reference/Blacks-Law-Dictionary-10th-Abridged/p/100260312
[11]  Hornby, A. S. (2010). Oxford Advanced Learner’s Dictionary (8th Ed.). Oxford University Press.
[12]  Hornby, A. S. (2020). Oxford Advanced Learner’s Dictionary (10th Ed.). Oxford University Press.
[13]  Mclntosh, C. (2015). Cambridge Advanced Learner’s Dictionary (4th ed., p. 1238). Cambridge University Press.
[14]  Okaro, C. (2007). The Scope and Impacts of Police Power of Prosecution in the Administration of Criminal Justice. In E. Solomon Arase, & P. O. Iheanyi Iwufor (Eds.), Policing Nigeria in the 21st Century Ibadan (p. 11). Spectrum Books Limited.
[15]  Osinbajo, Y. (2008). Functional Administration of Criminal Justice System: Panacea to a Sustainable Development (p. 7). The Nigerian Bar Association.
[16]  Stafford, M. D. (2019). Influence of Police Officer Fear and Use-of-Force Outcomes. Master’s Thesis, Walden University.
https://scholarworks.waldenu.edu/cgi/viewcontent.cgi?article=8475&context=dissertations
[17]  The International Association of Chiefs of Police (IACP) (2009). Building Trust between the Police and the Citizens They Serve—An Internal Affairs Promising Practices Guide for Local Law Enforcement. The International Association of Chiefs of Police.
https://www.theiacp.org/sites/default/files/all/b/ BuildingTrust.pdf

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