2022, Vol. 2, Issue 2, Part B
A critical appraisal the prosecutorial powers of the police under the police act 2020Author(s):
Lilian E Effiong, Gambo Abdulsalam and Akin Olawale OluwadayisiAbstract:
Prior to the Police Act 2010, there were no specific limitation in the provisions of the law on the power of the Police to prosecute offences in the federal courts in Nigeria. However, with the coming of the Administration of Criminal Justice Act 2015 (ACJA), only a legal practitioner in the police establishment is permitted to prosecute criminal cases. This further included in the provisions of section 62 of the Police Act, 2000 to the effect only a police officer who is a Legal Practitioner shall have the power to prosecute. However, the subsection also provides that the non-lawyer police can prosecute in cases where they usually prosecute. This position, no doubt, contradicts the decision of the court in the case of Olusemo v. COP and Osahon v FRN. The article aims at addressing this contradiction and ambiguity capable of jeopardizing the intent and purpose of achieving smooth administration of justice in Nigeria. The article employs pure doctrinal approach relying on both primary and secondary sources of law such as statutes and case laws. It argues that the section 66 of the Police is ambiguous and as well contradicts the provision of the Administration of Criminal Justice Act earlier enacted. It recommends an amendment of the provision in the Police Act 2020 in order to bring it in line with provision of ACJA 2015 as well as a reconciliation with the recent decided cases of the appeal courts on the matter.Pages: 80-85 | Views: 1138 | Downloads: 933Download Full Article: Click Here
How to cite this article:
Lilian E Effiong, Gambo Abdulsalam, Akin Olawale Oluwadayisi. A critical appraisal the prosecutorial powers of the police under the police act 2020. Int J Criminal Common Statutory Law 2022;2(2):80-85.