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court lacks powers to restrain police by injunction from investigation of criminal complaints

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The police are statutorily empowered by section 4 of the Police Act in these words -

"The Police shall be employed for the prevention and detection of crime, the apprehension of offenders, the preservation of law and order, the protection of life and property...."

 

There is no fixed or stipulated order of procedure for police investigations of crimes. The established position is that criminal investigations are carried out by the police based on the strength of the information at the disposal of the police investigator. The police investigator then uses his discretion to determine how to carry out the investigation. See Olatinwo v. State (2013) 8 NWLR (pt. 1355) 126.

 

The court lacks the powers to issue declaratory and injunctive reliefs with a view to impeding the result of police investigation made pursuant to the statutory duty under section 4 of the Police Act.

 

Similarly, the court lacks the powers to restrain the police by injunction from investigation of criminal complaints under section 4 of the Police Act.

INSPECTOR GENERAL OF POLICE & ANOR v. DR. PATRICK IFEANYI UBAH & ORS

CITATION: (2014) LPELR-23968(CA)


   
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