Ever since the news broke that the attorney-general and commissioner of justice in Kano state has taken away the prosecution of criminal cases from the police in the state’s magistrates’ courts, legal practitioners across Nigeria have been voicing their takes on the matter, in their attempts to reveal the propriety or otherwise of the move.

While most of them believe it would engender diligent prosecution, some raised questions on possible discord between the step and subsisting decisions of the Supreme Court of Nigeria which avouched that the police has powers to prosecute criminal cases in Nigerian courts.

Can the attorney-general of Kano, or of any state for that matter, take away what the apex court has asserted that the police possess? If the rationale for taking that step was that most police prosecutors are not lawyers, what would happen to the lawyers among them who have, by all standards, qualified as barristers and solicitors of the Supreme Court of Nigeria?

In a Facebook coalescing point called NIGERIAN BAR ASSOCIATION MEMBERS, a highly civilized but thought-provoking interaction, so unlike most social media engagements by Nigerians, ensued between Nigerian lawyers.

Oladiran Ayodele stimulated the argument when he sort to know what becomes of qualified lawyers in the police. He queried: “Then what will be the effect of Olusemo VS COP and FRN VS OSAHON where the Supreme Court held that a police officer can prosecute cases even up to the Apex court? Will that authority not clash with the clear provisions of the ACJL? Even the Police have trained lawyers and by virtue of section 24 of the Police Act they can prosecute criminal cases. My humble self is a counsel for the Police. Is the AG Kano state saying that I can’t prosecute criminal cases on behalf of the Police?”

Lukman Olarewaju Bello explained to Ayodele that “When the judgment of the apex or another court is in conflict with the provision of a statute, which one will prevail? I want to strongly believe that it is the provision of the law that will prevail. As we know in the cases you cited, the apex court held that police can prosecute in any court, the same apex court will hold otherwise when confronted with the provision of the new ACJL in Kano. I stand to be corrected, though.”

Ayodele however insisted that Bello’s stance “did not reflect the position of section 24 of the Police Act which holds that a Police officer can prosecute a criminal matter. That section is also a provision of the law. If you look closely at section 109 of the ACJL of Osun state, it clearly states that legal practitioners so qualified can prosecute and this includes police Counsels. The Kano ACJL will have problem of implementation.”

Read more:

https://judicialsketch.com/2019/12/31/nigerian-lawyers-react-to-kanos-removal-of-police-from-criminal-prosecution/

Police don't have the funding to properly prosecute public cases. Efcc is marginally successful because of funding. The police should arrest, investigate and remand. The department of public prosecution should prosecute using the specific police investigative reports.

Hmm. You have joined the argument.....

dimejiamuda:
Ever since the news broke that the attorney-general and commissioner of justice in Kano state has taken away the prosecution of criminal cases from the police in the state’s magistrates’ courts, legal practitioners across Nigeria have been voicing their takes on the matter, in their attempts to reveal the propriety or otherwise of the move.

While most of them believe it would engender diligent prosecution, some raised questions on possible discord between the step and subsisting decisions of the Supreme Court of Nigeria which avouched that the police has powers to prosecute criminal cases in Nigerian courts.

Can the attorney-general of Kano, or of any state for that matter, take away what the apex court has asserted that the police possess? If the rationale for taking that step was that most police prosecutors are not lawyers, what would happen to the lawyers among them who have, by all standards, qualified as barristers and solicitors of the Supreme Court of Nigeria?

In a Facebook coalescing point called NIGERIAN BAR ASSOCIATION MEMBERS, a highly civilized but thought-provoking interaction, so unlike most social media engagements by Nigerians, ensued between Nigerian lawyers.

Oladiran Ayodele stimulated the argument when he sort to know what becomes of qualified lawyers in the police. He queried: “Then what will be the effect of Olusemo VS COP and FRN VS OSAHON where the Supreme Court held that a police officer can prosecute cases even up to the Apex court? Will that authority not clash with the clear provisions of the ACJL? Even the Police have trained lawyers and by virtue of section 24 of the Police Act they can prosecute criminal cases. My humble self is a counsel for the Police. Is the AG Kano state saying that I can’t prosecute criminal cases on behalf of the Police?”

Lukman Olarewaju Bello explained to Ayodele that “When the judgment of the apex or another court is in conflict with the provision of a statute, which one will prevail? I want to strongly believe that it is the provision of the law that will prevail. As we know in the cases you cited, the apex court held that police can prosecute in any court, the same apex court will hold otherwise when confronted with the provision of the new ACJL in Kano. I stand to be corrected, though.”

Ayodele however insisted that Bello’s stance “did not reflect the position of section 24 of the Police Act which holds that a Police officer can prosecute a criminal matter. That section is also a provision of the law. If you look closely at section 109 of the ACJL of Osun state, it clearly states that legal practitioners so qualified can prosecute and this includes police Counsels. The Kano ACJL will have problem of implementation.”

Read more:

https://judicialsketch.com/2019/12/31/nigerian-lawyers-react-to-kanos-removal-of-police-from-criminal-prosecution/

#sharia#foolinizationIzamisation loading to FAIL,IJNnBLOOD

Hehehehe. The same thing has happened in Lagos and another state in the South

Police is your friend