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THE POWER OF THE POLICE TO PROSECUTE IS SUBJECT TO THE ATTORNEY GENERAL’S POWER

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Dictum

Undoubtedly, by virtue of the provisions of the police Act CAP 359 Laws of the Federation of Nigeria L990, the police have the power to receive complaints and investigate the commission of any offence. By virtue of section 33 of the police, the provision of Act (supra), the police have the power to conduct in person all prosecutions before any court of competent jurisdiction in Nigeria. However, the exercise of such power is strictly subject to the far reaching powers accorded the Attorney General of the Federation (or state) under sections 174 and 211 of the constitution of the Federal Republic of Nigeria, 1999, as amended. See PROFESSOR M. B. AJAKAIYE and ORS v. FEDERAL REPUBLIC OF NIGERIA (2010) 11 NWLR (Pt. 1206) 500 at 524 paragraphs D – E.

— I.M.M Saulawa JCA. Arab Contractors (O.A.O.) Nigeria Ltd. V. Gillian Umanah (CA/L/445M/09, 26 April 2012)

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POLICE INVESTIGATION REPORT REJECTED CANNOT BE RELIED UPON

The Appellant submitted that the PW.1’s extra-judicial statement contained in the PIR contradicted her testimony in open Court that she reported robbery and not mere stealing at police station. The PIR is not in evidence. The attempt to put it into the body of legal evidence before the trial Court was rejected by the trial Court. A fact that never forms part of legal evidence before the Court cannot be used nor relied upon by a Court of law to hold that it contradicts an existing legal evidence. I agree with the Respondent’s submission relying on EKPO v. KANU (2012) 12 WRN 132 at 155 that only documents tendered as exhibits are evidence before the Court, and that the Court cannot act on or utilise any document or fact that is not evidence before it in the determination of any disputed facts or matter before it. The PIR, having been rejected, is no longer any credible evidence on which the trial Court could act on. See TERAB v. LAWAL (1992) NWLR (Pt. 231) 569.

— E. Eko, JSC. Kekong v State (2017) – SC.884/2014

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A DISGRACE WHEN POLICE INTERFERE IN WHAT IS NOT ITS DUTY

Now the police had no business with the election under the Constitution or the Electoral Act. The duty of the police was to maintain law and order. According to the evidence led even by the 1st respondent himself there was no disorder in the conduct of the election yet the police, even from their headquarters at Owerri, interfered with the peaceful conduct of election, collected the returning officer to Owerri having stopped him from making the announcement of the results as required by law. By the time there had been interference in Owerri, actively supported by the police, the figures had been inflated by actual forgery of figures by 40,000. To say the least, this was a disgrace on the part of the police as it was criminal. It is unfortunate that the Federal Court of Appeal showed no interest in this aspect of the case notwithstanding that it directed itself correctly on the facts thereto. I think the stricture by the trial court of the police is justified, and to remove the disgrace, I hope the Inspector-General of Police would look into this matter, cause the conduct of the police officers concerned to be investigated and deal with the matter according to law. For this reason I direct that the Chief Registrar of this Court should forward a copy of this judgment to the Inspector-General of Police with his attention drawn to this portion of this judgment.

– ESO JSC. Torti v. Ukpabi (1984)

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OUR SECURITY AGENCIES NEED TO REDEEM ITSELF

The beauty of salt is in its taste. Once salt loses its own taste, its value is irredeemably lost. I say this now and again, our security agencies, particularly the police, are not debt recovery agencies. The agencies themselves need to first come to this realization, shun all entreaties in this regard and they will see confidence gradually restored in them. Where we are now in this country is that place where our “Men in black and blue” command almost no respect from the citizenry because of how low we have sunk. But it is my belief which belief, I must say I hold very dearly, that all hope is not lost, many women and men of deep integrity are in our security agencies, and they only need to rise now to the occasion.

— S.D. Bage JSC. Diamond Bank Plc V. H.R.H. Eze (Dr) Peter Opara & Ors. (SC.375/2012, 9 March 2018)

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A CIVIL ARRANGEMENT IS NOT A MATTER FOR THE POLICE

There is a plethora of cases on the fact that a civil arrangement is not a matter for the police. The police, as the Respondent’s counsel has pointed out, is not a debt collecting organization. In Igwe v. Ezeanuchie (2010) 7 NWLR (Pt. 1192) 61, this Court held that the police are not and should not in any community of civilized people be used as debt or levy collectors, or in the resolution or settlement of civil disputes amongst people. See also AGBAI v. OKUGBUE (1991) 7 NWLR (Pt. 204) 391; NKPA v. NKUME (2001) 6 NWLR (Pt. 710) 543.

— M. Ogunwumiju JCA. Arab Contractors (O.A.O.) Nigeria Ltd. V. Gillian Umanah (CA/L/445M/09, 26 April 2012)

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