Pre-Trial Investigation & Police Interviews
Definition
Definition of Investigation
“Investigation is the process of inquiring into and tracking down through inquiry.” It involves the systematic collection of information about crime and the assembling of evidence either openly or clandestinely (or both), for the purpose of finding the author of a crime.
Once a complaint is made to the Police that an offence has been committed, it is their duty to investigate the case - not only against the person about whom the complaint was made, but also against any other person involved.
Statutory Authority
- SS1-10 ACJL Lagos (Amendment) 2021;
- SS4-14 ACJA;
- SS26-29, 41 ACJL Kano;
- Rule 1, Criminal Procedure (Statement to Police Officers) Rules 1963 - for the North;
- SS31, 32, 38, 40, 52 Police Act.
2 Levels of Investigation
- Crime-Based Investigation Approach;
- Target-Based Investigation Approach.
In high profile cases, investigation is usually done clandestinely - Ndi Okereke Onyuike v People of Lagos State.
Roles and Powers of the Police
S4 Police Act - the role of police in pre-trial investigation: prevention and detection of crime. Although wide, this power is limited to crime and cannot extend to civil matters.
| Authority | Holding |
|---|---|
| Onyekere v The State | Within police power to investigate criminal offences |
| McLaren v Jennings | Police power does NOT extend to civil disputes (tenancy, breach of contract, debt collection) - S8(2) ACJA; S31(2) ACJL Kano; S32(2) Police Act 2020 |
IGP v UBA (2015); Hassan v EFCC (2014); Fawehinmi v IGP (2002)
The power of the police to investigate a crime is so strong that no court of law has power to stop the police from investigating. Whether to or how to investigate is a matter within the discretion of the police - S35(1)(c) CFRN.
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