Court Rules Police Cannot Prosecute State Offenses Without AG’s Approval, Awards N301 Million In Damages

The High Court of Imo State, Ahiazu Judicial Division, has invalidated criminal charges filed against businessman Chima Philip Amah, ruling that the Nigeria Police Force unlawfully initiated prosecution without obtaining legal advice from the State Attorney-General.

In Suit No. HAM/78/2024, delivered on March 18, 2025, Hon. Justice I. M. Njaka ruled that the police violated statutory procedures, thereby rendering the charges null and void and ordering Mr. Amah’s immediate release from detention.

Chima Amah, who had been detained at the Owerri Correctional Centre since March 2024, faced charges (HOW/31C/2024) filed by the Inspector General of Police (IGP) and two police lawyers, G.T. Nev and F.G. Gabriel. The businessman contested that the police lacked authority under Section 31 of the Nigeria Police Act 2020 to prosecute state offenses without prior consultation and approval from the Imo State Attorney-General. Amah’s co-defendant, Prince Joshua Onyemauche, accused him of financial misconduct, alleging that Amah influenced the police to file the charges.

The 6th defendant argued that the court lacked jurisdiction due to an ongoing trial in another division. Justice Njaka, however, dismissed this, highlighting that challenges to prosecutorial authority are fundamental and not confined to a particular trial court.

The court stressed that Section 31 of the Police Act mandates that police must seek the Attorney-General’s legal advice following an investigation. The police’s failure to do so rendered the charges invalid.

Justice Njaka reinforced that state offenses must be prosecuted in the state’s name, not under the authority of the IGP, emphasizing that the police are federal agents and do not have jurisdiction over state offenses.

Justice Njaka emphasized that the police’s failure to submit their investigation to the Imo State Attorney-General was a clear breach of Section 31 of the Nigeria Police Act, making the charges a nullity. He referred to legal precedents, including FRN v. Sen. Adewunmi (2007), to support his view that only authorized entities have the power to initiate prosecutions. The judge also rejected the defense’s argument regarding private prosecution, distinguishing it from police duties in state matters.

Reliefs Granted:

Charges (HOW/31C/2024) were nullified.
N100 million in exemplary damages were awarded against the 1st–5th defendants.
N1 million in general damages were granted.
A perpetual injunction was issued, barring the defendants from filing unauthorized charges.
N200 million in damages were awarded to Amah against the 6th defendant for malicious prosecution.

The court dismissed claims that the suit was frivolous, asserting that it raised valid jurisdictional concerns. However, it rejected the 6th defendant’s demand for N3.5 billion in costs, citing the absence of evidence of bad faith.

This precedent-setting judgment reinforces the constitutional authority of state Attorneys-General in prosecuting state-level offenses while establishing clear boundaries against federal agency encroachment. The legal community widely recognizes this decision as a vital protection against procedural irregularities, though some legal scholars note it may introduce additional complexity to police-initiated prosecutions.

CI Asika Ilobi represented the Plaintiff; Alex NN William appeared for the 1st through 5th Defendants; and Ifeanyi Chukwuocha served as counsel for the 6th Defendant.