Justice Undermined: The Problem of Arbitrary Discontinuance of Criminal Cases by the Police in Nigeria
Introduction
In a country where victims of crime already struggle to access justice, a troubling pattern has emerged in Nigeria’s criminal justice system—the arbitrary discontinuance of criminal cases by the police, often without the knowledge or consent of the nominal complainant. This practice not only violates legal procedure but also tramples upon the rights of victims and undermines public trust in the justice system.
What Is a Notice of Discontinuance?
A Notice of Discontinuance is a formal notification filed by a prosecuting authority to indicate that they no longer wish to proceed with a criminal prosecution. Under Nigerian law, this power is granted to the Attorney General of the Federation or State, and in some instances, delegated to officers such as the Director of Public Prosecution (DPP) or police prosecutors. It is governed primarily by Section 107 of the Administration of Criminal Justice Act (ACJA) 2015.
The Legal Framework
Section 107 of the ACJA provides that:
“The prosecutor may, with the consent of the court or on the instruction of the Attorney-General of the Federation, withdraw any charge either before or after the commencement of trial, and the court shall, in such circumstances, discharge the accused.”
This provision, while lawful on the surface, is frequently misused as a tool to derail justice, especially when the decision is not backed by sound prosecutorial reasoning or when it serves to shield influential suspects.
The Role of the Nominal Complainant
The nominal complainant—often the victim of the alleged crime—is a critical stakeholder in the pursuit of justice. Though criminal prosecutions are carried out in the name of the state, the interest of the victim should not be disregarded. Discontinuing a case without consulting or informing the complainant is an affront to justice, particularly where the victim remains willing to testify and pursue accountability.
Why This Practice Is Problematic
1. Erodes Victim Trust: When victims are excluded from decisions that affect the outcome of their case, it sends a message that their suffering is irrelevant. This discourages citizens from reporting crimes or cooperating with law enforcement in the future.
2. Enables Abuse of Office: In many instances, police officers file discontinuance notices under suspicious circumstances, possibly due to bribery, intimidation, or pressure from influential persons. This undermines the rule of law and gives cover to offenders who should face justice.
3. Circumvents Prosecutorial Oversight: The proper authority to discontinue a criminal matter is the Attorney General, not a police officer acting unilaterally. When the police usurp this function, it violates the separation of powers and due process.
4. Promotes a Culture of Impunity; Criminals emboldened by their ability to ‘settle’ with police officers to have their cases withdrawn are less likely to fear legal consequences. This culture promotes repeat offences and weakens the deterrent effect of the justice system.
Real-World Implications
In multiple cases across Nigeria, including those involving assault, fraud, theft, and even gender-based violence, victims have discovered—often belatedly—that their cases were discontinued without their knowledge. The results are devastating: suspects are released, evidence is discarded, and victims are left without closure or justice.
What Should Be Done?
1. Strengthen Oversight and Accountability: There must be clear penalties for police officers who abuse prosecutorial discretion. The Police Service Commission (PSC) and the National Human Rights Commission (NHRC) must act on complaints promptly and decisively.
2. Reinforce Victim Rights and Participation: Reforms should mandate consultation with nominal complainants before discontinuance, especially in serious offences. Victims should also be able to appeal such decisions through a legal process.
3. Public Monitoring and Civil Society Engagement: Civil society organisations and the media must continue to monitor judicial proceedings and expose misuse of prosecutorial powers. Transparency is key to restoring public confidence.
4. Legal Reforms and Clarification: The National Assembly should consider amendments to the ACJA that close loopholes allowing for the misuse of discontinuance powers, particularly by unauthorised officers.
Conclusion
The discontinuance of criminal cases without due process is a direct assault on justice, fairness, and the rule of law. Every Nigerian deserves a justice system that is impartial, transparent, and victim-centered. As a society, we must reject any practice that prioritises expediency, corruption, or personal interests over justice. Victims must be heard, and perpetrators must be held accountable—not shielded behind procedural abuses.
About Us
At the Asabe Waziri Justice Advocacy Initiative (AWJAI), we are committed to promoting transparency and accountability in Nigeria’s justice system. If you or someone you know has experienced injustice due to arbitrary case withdrawal, reach out to us. Together, we can challenge impunity and make justice work for everyone.
Read more: https://awjai.org/police-reform-in-nigeria-accountability-and-community-service/
