Journal of African Law
- Journal of African Law / Volume 34 / Issue 01 / Spring 1990, pp 53-66
- Copyright © School of Oriental and African Studies 1990
- DOI: http://dx.doi.org/10.1017/S0021855300008196 (About DOI), Published online: 28 July 2009
Articles
Private Prosecution in Nigeria: Recent Developments and Some Proposals
Isabella Okagbue*
In most modern legal systems the prosecution of offences is conducted by government-employed or appointed officials on behalf of the State. Nevertheless it is generally recognised that private individuals also have an important, if somewhat diminished, role to play in this process. Recent legislation introduced into one of the 21 states of Nigeria has however partially abolished the right of private prosecution except in relation to the offence of perjury. This and the additional controversy surrounding one man's attempts to prosecute two government security agents for the murder of his friend has generated a surge of interest in a topic which has for the most part been largely ignored.
This article traces from an historical perspective the role of the private prosecutor in Nigerian traditional society and under its present legal system. An attempt is then made to examine the powers, obligations and importance of the private prosecutor in Nigeria today, and to identify and suggest the checks and balances that are needed to preserve the right of the citizen to seek judicial redress by private prosecution when otherwise justice would be denied.
Footnotes
* Senior Research Fellow, Nigerian Institute of Advanced Legal Studies. This study was carried out under the terms of a Butterworths Fellowship awarded by the Institute of Advanced Legal Studies, London.
