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Introduction To Criminal Procedure

The document discusses the power of the Nigerian Police to conduct criminal trials. It explains that prior to 2020, the Police Act allowed any police officer to prosecute cases in court. However, the new 2020 Police Act now only allows police officers who are also qualified legal practitioners to prosecute cases, in order to improve efficiency and accountability. The power of non-legally qualified police officers is now limited to certain minor offences. The goal of the new law is to facilitate speedier criminal prosecutions through the assignment of legal practitioner police officers to divisions nationwide.

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Folake Davis
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94 views5 pages

Introduction To Criminal Procedure

The document discusses the power of the Nigerian Police to conduct criminal trials. It explains that prior to 2020, the Police Act allowed any police officer to prosecute cases in court. However, the new 2020 Police Act now only allows police officers who are also qualified legal practitioners to prosecute cases, in order to improve efficiency and accountability. The power of non-legally qualified police officers is now limited to certain minor offences. The goal of the new law is to facilitate speedier criminal prosecutions through the assignment of legal practitioner police officers to divisions nationwide.

Uploaded by

Folake Davis
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Name: Joy Oluwafolakemi Ayodele-Davis

Matriculation Number: Run/Law/18/7455

Course Code: PPL 525

Course Title: Introduction to Criminal Procedure

Question:

1. With the aid of relevant authorities discuss the power vested in the Nigerian
Police to conduct criminal trials in all courts in Nigeria
2. Briefly examine the prosecutorial powers vested in the Attorney General of the
Federation under the Constitution of the Federal Republic of Nigeria, 1999 (as
amended)

Lecturer: Dr. Koni


Question One

The existence of the Nigerian Police Force is as a result of the provisions of Section 214 (1)
of the 1999 Constitution if the Federal Republic of Nigeria as amended which provides as
follows:

There shall be a police force for Nigeria, which shall be


known as the Nigeria Police Force, and subject to the
provisions of this section no other police force shall be
established for the Federation or any part thereof.
The Nigeria Police Force is to be organised and administered in accordance provisions
enacted by the National assembly and the duties of the Nigerian Police shall be in line with
those conferred upon by the law1.

By virtue of the laws which provide for duties of the Police Force, they [play a huge trole in
the administration of Criminal Justice in Nigeria today2. The duties of the police inter alia
include the prevtion and detection of crime, maintenance of public safety, law and order,
protection of the lives and property f Nigeruans, enforcement of laws and regulations,
facilitate free passage on highways, vet and approve the registration of private detectivce
schools and private investigative outfits3

In attempting to perform their duties as stipulated by law, the police have the power to effect
lawful arrests with or without warrant, conduct searches, grant bail and conduct criminal
trials4.

This paper shall be particularly focused particularly on the power of the police to conduct
criminal trials in Nigeria and it shall be examined from two focal points;

1. The power of the police to conduct criminal trials prior to the enactment of the 2020
Police Act
2. The Power of the Police to conduct criminal trials after the enactment of the 2020
Police Act

1
Section 214 (2)
2
NLS KONI
3
Section 4 of the Police Act 2020
4
Ibid
THE POWER OF THE POLICE TO CONDUCT CRIMINAL TRIALS PRIOR TO
THE ENACTMENT OF THE POLICE ACT 2020

Under the Police Act 2004, a police officer had the power to institute criminal proceedings in
trial and appellate courts in Nigeri pursuant to the provisions of the act which stated as
follows:

Subject to the provisions of sections 174 and 211 of the


Constitution of the Federal Republic of Nigeria 1999
(which relate to the power of the Attorney-General of the
Federation and of a State to institute and undertake, take
over and continue or discontinue criminal proceedings
against any person before any court of law in Nigeria),
any police officer may conduct in person all prosecutions
before any court, whether or not the information or
complaint is laid in his name.
The implication of the above provision was that as long as a person was qualified to be a
member of the Nigerian Police Force, they had the powers under the police act to institute
legal proceedings in Nigeria whether or not they had gone through proper legal education.

This position of the law was recognised by Nigerian courts. In the court of appeal, Coram
Saluwa JCA in Ajakaiye v. FRN ruled as follows;

By virtue of the provision of section 23 of the Police Act, any


police officer has the power to conduct in person all prosecutions
before any court of law in Nigeria whether or not the information
or complaint is laid in his name. However, the exercise of such
power is strictly subject to the well set out provisions of sections
160 and 190 of the 1979 Constitution, and now sections 174 and
211 of the 1999 Constitution.

THE POWER OF THE POLICE TO CONDUCT CRIMINAL TRIALS AFTER THE


ENACTMENT OF THE 2020 POLICE ACT

On the 17th of September 2020, President Muhammadu Buhari signed into law the Nigerian
Police Bill 20205. The effect of this act by the Presidency was the repeal of the Police Act
Cap P19, Laws of the Federation, 2004 and enacts the Nigeria Police Act with the aim of the

5
https://guardian.ng/features/debate-over-new-police-act-and-implications-for-criminal-prosecution/
providing a more efficient and organised police force driven by the principles of transparency
and accountability in operations and management of resources6.

This act led to a number of new innovations within the running, administration and duties of
the police force. One of the most significant of these provisions is contained in Section 66
which provides as follows:

Subject to the provisions of Section 174 and 211 of the


Constitution and Section 106 of the Administration of the
Criminal Justice Act which relates to the powers of the
Attorney-General of the Federation and of a state to
institute, take over and continue or discontinue criminal
proceedings against any person before any court of law
in Nigeria, a police officer who is a legal practitioner,
may prosecute in person before any court whether or not
the information or complaint is laid in his name

From the above provisions of the Act, it is now clear that it is only a police officer who is
also a legal practitioner that can conduct and institute criminal proceedings in any Nigerian
Court. It sways away from the provisions under Section 23 of the old police act which allows
any police officer to institute an action in Nigerian courts by ousting the power of any police
officer who is not a legal practioner to institute criminal proceedings in Nigeria.

It is important to note that a police officer who is not a legal practioner still retains the power
to conduct criminal prosecution with resoect to offences which non-qualified legal
practitioners can prosecute7. The act further provides that at least on e police officer who is
qualified to practice as a legal practioner shall be assigned to every police division in the
country in order to facilitate speedy prosecution of criminal cases8

CONCLUSION

6
Preamble of the Police Act 2020

7
Section 64 (2) of the police act
8
Section 62 (3)

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