Police Prosecutorial Powers and Precedence

Flashcards covering the legal provisions and court cases regarding the prosecutorial powers of police officers in Nigeria, including lawyer and non-lawyer distinctions.

According to Section 66, sub 1 and 2 of the Police Act 2020, what authority do police officers who are legal practitioners have?

Subject to the powers of the attorney general, they can institute criminal proceedings in any court of law whether or not the information is laid on their name.

Under Section 66 sub 2 of the Police Act 2020, can a police officer who is not a legal practitioner prosecute offenses?

Yes, a police officer who is not a legal practitioner or a non qualified legal practitioner can prosecute subject to the criminal procedure laws at the federal or state level.

What does Section 78 of ACJL Lagos provide regarding non-lawyer police officers?

It provides that non-lawyer police officers can only prosecute in magistrate court by way of charge.

Where are non-lawyer police officers permitted to prosecute according to Section 123 of ACJL Kano?

They can prosecute only in magistrate courts.

Does Section 58 of the Federal High Court Act include police officers as prosecutorial authorities?

No, Section 58 of the federal high court act does not include police officers as part of prosecutorial authorities.

What is permitted under Section 98 of the High Court of the FCT Act?

It allows non-lawyer police officers to prosecute in the FCT High Court.

Why did the court in Olusemo v. COP and George Osahon v. FRN hold that police officers could prosecute in any court?

Because Section 23 of the old police act 2004 did not distinguish non-lawyer police from lawyer police.

To which court are the rulings of Olusemo v. COP and George Osahon v. FRN applicable today?

These cases can only be related to the FCT High Court alone today.