Strip police of power to prosecute criminal cases, Judge advises Nigerian govt

Nigeria Police Force

The Chief Judge of Delta State, Marshall Umukoro, has advised that the police be stripped of  their power to prosecute criminal cases.

Mr. Umukoro gave the advice in a lecture he delivered at the 2017 Aquinas Day Colloquium of Dominican Institute in Ibadan on Tuesday.

He said that the measure would reduce the number of  accused persons awaiting trial while  decongesting  prisons.

The title of the lecture was “The Judiciary and the Criminal Justice System: Odds and Ends.’’

The chief judge said that the police have the challenge of lack of technical knowhow to handle the job of prosecutors.

“Some police prosecutors who are not lawyers and are new on the job have no mastery of the game of prosecution.

“This situation puts the magistrates in the position to play the role of assistants to the prosecutor.

“Some magistrates have, in the process, descended to the arena of conflict, thereby hampering the justice of the case.

“Another challenge of a police prosecutor is that the police force is a federal institution, and as such, not answerable to state institutions like the state Attorney-General and Department of Public Prosecution (DPP).

“This affects the transfer of case files between the IPO and the office of the state attorney-general.

“After arraignment by the police and remand by the magistrates, sometimes, the original case file is never kept in the court’s custody for transmission to the office of the attorney-general.

“This causes delays in rendering legal advice by the DPP and leads to having more accused persons in prison custody awaiting trial,’’ Umukoro said.

He said that a police prosecutor, who is not a lawyer, would not respond to legal issues and might not appreciate the legal argument.

The chief justice said that the defence counsel often take advantage of this to defeat the prosecutor.

He suggested that a single and unified prosecutorial agency be established in the country, pointing out that prosecutorial powers in the nation were in the hands of many agencies.

Mr. Umukoro said that Nigeria operates an adversarial system of adjudication and should borrow a leaf from the United Kingdom, particularly England and Wales, which established the Crown prosecution service.

“The abuse of prosecutorial powers, especially by the police, will be best curtailed if the police are stripped of that power,” he added.



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  • VERITAS_ the rock of ages_

    How will your idea reduce the number of accused persons awaiting trial while decongesting prisons. If you are accused that makes you a suspect so by saying what you just said you are implying the police start selecting which crimes committed should effect an arrest which would lead to prosecution?

    • that is why you should be boss. i like how you think and you know everything.

      • VERITAS_ the rock of ages_

        Did i say i wanted the Job. Please you guys leave me alone and working for Nigeria. what has Nigeria ever done for me besides send me back to N0.00. I didnt say i know everything. i made a suggesting and many other people have theres too. i dont see you countering my idea or coming up with any. Please make contributions. i dont talk with people who are abusive. such behaviour is beneath me. Thanks.

  • tsunami1earthquake

    I agree with this chief judge. The police are practically ill-equipped to do the job of prosecution. The police should just arrest a person, write the whole history of the events that led to the arrest and turn everything over to the office of public prosecution.

  • Olatunji S.

    Reasonable reasons judge

  • callistus u owuamanam

    Not only stripping the police of prosecutoral power, they should also be stripped of the power to arrest without a warrant from a judge. Police is to intervene in most cases, in certain cases, they cannot arrest without a warrant. This will reduce impunity, abuse of human right etc