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VOL. 7, ISSUE 4 (2025)
An appraisal of the powers of police to prosecute electoral offences in Nigeria
Authors
Mustapha Alhaji Bila Esq
Abstract
A research was carried out appraising the
powers of police to prosecute electoral offences in Nigeria. Prior to the
coming of the police Act 2020, there were no specific limitation in the
provision of the law on the powers of the Police to prosecute electoral
offences in the courts in Nigeria. Furthermore, with the coming of the Police
Act 2020, only a legal practitioner in the police establishment is permitted to
prosecute criminal cases in the superior courts. This is provided for the in
the provisions of section 62 of the police Act, 2020 to the effect that only a
police officer who is a qualified legal practitioner shall have the power to
prosecute. However, the Electoral Act, 2022 empowers only legal officers of the
Commission to prosecute Electoral offences and any legal practitioner appointed
by the Commission. The article aims at addressing this misconception on the
power of police to prosecute electoral offences in Nigeria. Here there is a gap
as to whether the Police has the power to prosecute Electoral offence, despite
their powers of arrest, detention, search and investigation of electoral offences.
This is also aimed at achieving smooth administration of justice in Nigeria.
The article employs reliable doctrinal approach relying on primary and
secondary sources of law such as statutes and case laws. I therefore recommends
the amendments of the provisions in the Electoral Act 2022 in order to bring it
in line with provision of ACJA 2015.
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Pages:5-12
How to cite this article:
Mustapha Alhaji Bila Esq "An appraisal of the powers of police to prosecute electoral offences in Nigeria". International Journal of Law, Policy and Social Review, Vol 7, Issue 4, 2025, Pages 5-12
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