LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Police Duty — Discretion in Investigation — Whether Ministerial Duty
PRINCIPLE STATEMENT
The police have discretion whether to investigate an allegation; their duty is not ministerial but discretionary, based on factors such as nature of offence, resources, time, and public interest.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fawehinmi v. IGP & Ors (2002) NLC-2012000(SC) at p. 6; Paras A–E.
"I can see nothing in section 4 of the Police Act which denies them of any discretion whether or not to investigate any particular allegation, or when they decide to investigate to do so to its logical conclusion. The need to exercise a discretion in such a matter may arise from a variety of reasons or circumstances, particularly having regard to the nature of the offence, the resources available, the time and trouble involved and the ultimate end result. It may well be a question of balancing options as well as weighing what is really in the public interest. It is inconceivable that such wide powers and duties of the police must be exercised and performed without any discretion left to responsible police operatives. Unless a statute which confers powers or imposes duties expressly or by necessary implication excludes the exercise of discretion, or the duty demanded is such that leaves no room for discretion, it is my view that discretionary powers are implied and whenever appropriate, exercised for salutary ends."
EXPLANATION / SCOPE
Police investigation is discretionary, not ministerial. The police may decide whether to investigate based on various factors: nature of offence, available resources, time, trouble, and public interest. Discretion is implied unless a statute expressly excludes it. The principle recognises practical constraints on police resources. The court will not compel investigation in every case. The police may balance options and weigh public interest. The rule applies to all police investigative duties. The applicant must show an abuse of discretion to obtain mandamus. The court will not lightly interfere with police discretion. The principle respects operational independence of law enforcement.