Kano State Judiciary, has issued a circular directing all magistrates to refrain from presiding over cases involving police prosecutors who are not qualified legal practitioners.
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This directive, issued on November 12th, 2024, is in compliance with several legal provisions, including the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Nigeria Police Act 2020, and the Administration of Criminal Justice Law of Kano State 2019.
The circular, signed by Mustapha Hassan Muhd, the Deputy Chief Registrar of Administration and General Services, on behalf of the Chief Registrar of the High Court of Justice, Kano, highlights the importance of adhering to the constitutional and statutory requirements regarding the qualification of police prosecutors.
Sections 174 and 211 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) outline the powers of the Attorney General of the Federation and the Attorney General of a State, respectively, in relation to criminal prosecutions. Additionally, Section 66 of the Nigeria Police Act 2020 and Section 121 of the Administration of Criminal Justice Law of Kano State 2019 provide further guidance on the qualifications required for police prosecutors.
In light of these legal provisions, the Honourable Chief Judge Kano , has directed all magistrates to ensure that police prosecutors appearing before them are qualified legal practitioners. Magistrates are expected to verify the qualifications of police prosecutors and decline to preside over cases where the prosecutors do not meet the necessary legal requirements.
This directive aims to uphold the integrity of the judicial process and ensure that criminal proceedings are conducted in accordance with the law. By enforcing the requirement for qualified legal practitioners to serve as police prosecutors, the High Court of Justice, Kano State Judiciary, seeks to safeguard the rights of defendants and maintain the highest standards of legal representation in criminal cases.
The circular takes immediate effect, and all magistrates within the jurisdiction of the High Court of Justice, Kano State Judiciary, are expected to comply with this directive.
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