The Power Of The Police In The Investigation Of Crime In Nigeria: A Critical Appraisal Of The Law And Practice
Gambo Abdulsalam* & Mevayen Ewomazino Jemialu**
ABSTRACT
By the Constitution of the Federal Republic of Nigeria, 1999 (as amended), every person accused of an offence is presumed innocent until proven guilty beyond reasonable doubt in a fair trial before the court. The police, the court and every other player in the administration of criminal jusrtice in Nigeria is therefore, expected to be guided by the above ideal in the discharge of his duties under the system. Unfortunately however, the situation is now not as expected with the performance of the police duty of criminal investigation. Average police officer in the course of investigation in Nigeria, considers a suspect guilty of crime even when he has not been charged to court with propensity to the infringement of his liberty unlawfully. Thus, in this paper, the writer using the doctrinal research method, critically examines the police power of criminal investigation and explores reasons why the police in Nigeria derives pleasure in the infringement of human rights during investigation. Major impedements militating against the police in the effective discharge of their duty in criminal investigation are also highlighted for the purpose of influencing reforms in the system.
* Gambo Abdulsalam, L.L.B., L.L.M., B.L., PhD. (Research Fellow); Senior Lecturer, Department of Criminal Litigation, Nigerian Law School Kano Campus, Bagauda Kano – Nigeria. Email: abdussalamgambo2@gmail.com. Cell phone No.: +2348034506024
** Mevayen Ewomazino Jemialu, LLM (University of Ilorin); LLB (Edo State University); FCAI, MNIM; Barrister-at-Law’ Soicitor & Advocate (Nigeria); Deputy Director (Academics); Nigerian Law School, Yenagoa Campus, Yenagoa, Nigeria; mevayen.jemialu@nigerianlawschool.edu.ng
