By Desire Emmanuel
The Nigeria Police Force has disclosed that a complainant cannot withdraw a criminal case from the police station after it has been brought there, saying once it is reported, it becomes an offence against the state.
It is not unusual for some complainants to report criminal cases at the police stations and after the suspects had been arrested, they will come back and tell police they want to withdraw the cases, saying the community leaders had waded into the matters.
However, the Nigeria Police said through its Complaint Response Unit media (CRU Media) that if such a criminal case is reported, the decision to withdraw it rests only with the public prosecutor or the court.
The CRU specifically referred to the case of a woman who reported at the police station that she was raped and after the report, the police arrested the suspect and detained him for investigation.
However, a few days later, the woman came to the station, saying her community leaders had intervened and had asked her to withdraw the matter from the station in order for them to “look into the matter.”
The lady however expressed surprise that when she told the police she wanted to withdraw the case, the police did not grant her wish, as the officers said she could not unilaterally withdraw the case.
“Don’t I have the right to withdraw the case I took to the police? I was the one raped and I have chosen to let it slide for peace to reign. Why are police insisting that they must continue with the case?” she was quoted as telling the officers at an unnamed police station.
However, while giving an insight into the issue, the CRU Media disclosed that rape is a grave criminal offence and not a private dispute that could be waded into by community leaders.
It wrote: “A complainant who brings a criminal case to the police station does not have an absolute right to unilaterally withdraw the case.
“Once a crime is reported, it becomes an offence against the state, and the decision to continue or withdraw the prosecution rests with the public prosecutor or the court. Rape is a grave public offence, not just a private dispute, making it generally non-arbitrable.
“For public knowledge, it is generally an offence to resolve a rape case privately outside of the formal police and judicial system in most jurisdictions, including Nigeria. Trying to resolve a case of rape within your community leaders can lead to criminal charges, such as perverting the course of justice.
“Whenever the police successfully try one criminal suspect and convict the individual in court, they have saved millions of people who would have fallen victims to the suspect.”
