What is the effect of an allegation not investigated by the police in nigeria? (Kindly answer with judicial authorities)
Asked by Toochukwu solomon Nwokwu
Answers (1)
Michael Ofurum
Jun 27 2022
The law is that once a specific and precise defence is raised during
investigation, it is for the Police to investigate it and for the Prosecution to
disprove it. See: OKERE V. IGP (2021) and SHEHU V. STATE. In
the case of BAJULAIYE V. STATE ,
the Court held as follows:
"It is necessary for me to chastise the police in this judgment. A
criminal allegation or trial in all ramifications has to do with the
liberty of the subject. It was imperative for the police to have
investigated this matter but regrettably, they did not do this. I
wonder why and how the learned trial Judge did not notice this
lacuna at the trial".
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