Does The Police Have the Power to Prosecute Narcotic Drug Cases?

CASE TITLE: IGP v. ORABUCHI & ORS (2024) LPELR-62310 (CA)

JUDGMENT DATE: 24TH MAY, 2024

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the power of the police to prosecute narcotic drug cases.

FACTS:

This appeal emanated from the decision of the Federal High Court, Kano, delivered on October 14, 2022.

On August 15, 2022, the Appellant filed a four-count charge against the Respondents at the trial Court and at the point of arraignment, Learned Counsel for the police and that of the NDLEA both announced appearances for the prosecution. To avoid the apparent confusion, the Court prevailed upon Counsel to sort themselves out before the next adjournment and/or, in the alternative, file written addresses in support of their respective stance. Upon considering their respective arguments, the learned trial Judge ruled that Police Officers cannot prosecute drug-related offences in the Federal High Court.

Aggrieved by the decision of the trial Court, the Appellant appealed.

ISSUES FOR DETERMINATION:

The appeal was determined on the following issues:

1: Whether the lower Court has jurisdiction to entertain the Preliminary Objection from the National Drug Law Enforcement Agency, not being a party to the trial.”

2. “Whether the police have the power to prosecute offences relating to drugs and narcotics under the NDLEA ACT.”

DECISION/HELD:

On the whole, the appeal was allowed.

RATIOS:

• APPEAL- ISSUE(S) FOR DETERMINATION: What issues for determination and arguments on appeal should be based on
• APPEAL- BRIEF OF ARGUMENT: Effect of failure of a party to respond to an issue raised in a brief of argument
• COURT- RAISING ISSUE(S) SUO MOTU: Instance(s) where a Court cannot be accused of raising an issue and not giving a party an opportunity to address it on the issue
• CRIMINAL LAW AND PROCEDURE- POWER OF THE ATTORNEY-GENERAL: Power of the Attorney-General to institute or undertake criminal proceedings
• CRIMINAL LAW AND PROCEDURE- CRIMINAL PROSECUTION: Whether the police has power to prosecute narcotic drug cases
• POLICE- NIGERIA POLICE FORCE: Constitutional provision creating the Nigerian Police Force
• WORDS AND PHRASES- “NARCOTIC DRUG”: Meaning of “narcotic drug”

To read the full judgment or similar judgments, subscribe to Prime or Primsol