In a groundbreaking decision that clarifies the limits of police prosecutorial authority, the High Court of Imo State, presided over by Hon. Justice I.M. Njaka, has ruled that the Nigeria Police Force lacks the legal standing to institute or file criminal information in the name of the Inspector General of Police before the State High Court for state-created offences, absent compliance with Section 31 of the Police Act, 2020.
The case arose following the detention of the Plaintiff, Chima Philip Amah, a businessman, at the Nigeria Correctional Service in Owerri. His detention was based on an allegedly false complaint lodged by the 6th Respondent, Prince Joshua Onyemauche, which led to the initiation of criminal charges by the police.
Challenging the legality of his prosecution before the High Court in Owerri, the Plaintiff, through his counsel, Chief C.I. Asika-Ilobi, Esq., instituted Suit No. HAM/78/2024: Chima Philip Amah v. The Inspector General of Police & Ors, by way of Originating Summons. The central issue in contention was whether, under Section 31 of the Nigeria Police Act, 2020, and Section 182 of the Imo State Administration of Criminal Justice Law, 2020, the police possessed the authority to file criminal information, or whether such power was exclusively vested in the Attorney-General of Imo State or his authorized officers.
The Plaintiff contended that the 2nd and 3rd Defendants, being Force CID Legal Officers who purportedly acted on behalf of the 1st and 4th Defendants (the Inspector-General of Police and the Nigeria Police Force), lacked the requisite legal authority to file criminal charges before the High Court of Imo State without the Attorney-General’s directive.
After an extensive legal analysis, the court held that, in the absence of compliance with Section 31 of the Police Act, 2020, the 2nd and 3rd Defendants were not legally empowered to initiate criminal proceedings in the name of the Inspector General of Police for a state offence. The court further emphasized that Section 31 mandates the police to submit investigation reports to the Attorney-General for legal advice before instituting criminal charges.
In its judgment, the court stated:
“Section 31 of the Police Act suggests that while the police can investigate and make recommendations, only the Attorney-General (or a designated prosecutor) has the authority to commence a prosecution. Therefore, if the 2nd and 3rd Defendants instituted an action without the explicit authorization of the Attorney-General—in this case, the Attorney-General of Imo State, given that the offence is a state offence—their action in filing the information is inconsistent with the legal framework governing prosecutions in Imo State.”
The court further noted:
“Section 31 is a condition precedent in cases where the police conduct an investigation. The Defendants did not deny that a complaint was made to the police and that an investigation was conducted. However, they failed to demonstrate that the investigation report was submitted to the Honourable Attorney-General of Imo State for review and directive. By virtue of Section 31 of the Police Act, 2020, such a report must be forwarded to the Attorney-General before criminal proceedings can be initiated. Since this was not done, the 2nd and 3rd Defendants lacked the legal basis to institute the charge before the High Court of Imo State.”
The judgment reaffirms that police prosecutorial powers are subject to statutory and constitutional limits. Section 31 of the Police Act, 2020, mandates prosecutorial oversight by the Attorney-General, aligning with Sections 174 and 211 of the 1999 Constitution, which vest prosecutorial authority in the Attorney-General at both federal and state levels.
The court also noted that:
“The initiation of the criminal proceedings in this case was vitiated by non-compliance with Section 31 of the Nigeria Police Act, 2020. The filing of information by a federal law enforcement officer in respect of a state offence, without adherence to this statutory requirement, is improper and legally unsustainable.”
This ruling establishes a significant judicial precedent, reinforcing the constitutional role of the Attorney-General in criminal prosecutions and curbing unauthorized prosecutorial actions by the police. Legal analysts predict that this decision could prompt a wave of legal challenges against improperly instituted criminal charges and reshape prosecutorial practices within law enforcement agencies.
See full judgment:
Judgment – Chima Philip Amah V The Inspector General of Police & 5 Ors
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