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ABSTRACT
The power of the Nigeria Police to prosecute criminal cases in Nigerian Courts is derived from the Police Act which is a law enacted by the National Assembly. The power of the Nigeria Police to prosecute as provided under the Police Act has been judicially endorsed by the Nigerian Supreme Court. Despite clear statutory provisions and elaborate judicial decisions on Police prosecutorial power, controversy however exists about the nature and extent of that power. The enactment of the Administration of Criminal Justice Act 2015 (ACJA) exacerbates the controversy with its provision that appears to exclude Police officers who are not qualified lawyers from prosecuting criminal cases in Nigerian courts. The controversy is further deepened by subsequent Administration of Criminal Justice Laws of States which expressly wrest prosecutorial power from Police officers who are not qualified lawyers. This study critically examines the core legal issues in this controversy. This study examines the prosecutorial powers of the police force: the repealed Police Act of 2004 and the reformed Police Act of 2020 in perspective. This research identifies the limitation of the powers of the police force. This study recommends that police officers who are not legal practitioners be allowed to prosecute criminal cases. This study concludes that it is only a police officer who is a legal practitioner that is empowered to prosecute a suspect in a competent court.
