CYRIACUS IZUEKWE
An accused person in Nigeria has the right to disagree with the decision of an Investigating Police Officer and request that the matter be referred to the Police Legal Department for review, legal experts confirmed on July 20, 2026.
The clarification comes as many suspects complain that they are pressured to accept charges at the station level without proper legal vetting.
A lawyer stated that the Police Legal/Prosecution Department exists in every State Command to give independent legal advice on whether a case should be charged to court.
According to the lawyer, “The IPO investigates, but the Legal Officer decides if the evidence supports a charge. An accused person can ask for that review.”
Section 36 of the 1999 Constitution guarantees every accused person the right to fair hearing. Part of that is ensuring the case is reviewed by qualified legal officers.
Under ACJA 2015, the Police must ensure due process. Rushing to charge without legal advice violates that principle.
The NBA said many cases are dismissed in court because they were not properly vetted by the Legal Department at the Police stage.
Human rights groups advise accused persons to do this through a lawyer. The lawyer can write to the DPO and copy the Legal Department requesting referral.
The request should state the grounds of disagreement and ask that no charge be filed until legal advice is received.
As of July 19, 2026, the IGP has directed Commands to allow this process and not to obstruct suspects seeking legal review.
A Police legal officer said, “When we receive such requests, we receive the case diary, evidence, and statements. We then advise: charge, further investigation, or no case to answer.”
The NHRC warned that denying an accused person access to this process amounts to a breach of fundamental rights.
Legal experts say this option helps reduce wrongful prosecution and prison congestion from weak cases.
Citizens are urged to know that disagreeing with Police judgment does not mean obstruction. It means asking for the law to be properly applied.
