By the provisions of Section 4 of the Police Act read together
with the provisions of Section 214 (2) (b) of the CFRN 1999
as amended, the 2nd Respondent has been empowered to
detect and investigate crimes as well as apprehend offenders
and detain them whenever the need arises and also maintain
law and order among others.
- Fawehinmi V. IGP (2002) 7 NWLR pt 747 p 606 at
670.
- Fajemirokun V. Commercial Bank (Nig) Ltd
(Supra)
- Okochi V. Amankwi (2008) 18 NWLR pt 851 p 28.
It is trite law that a person who is accused of committing a
crime cannot expect a judicial fiat to prevent law officers from
exercising their constitutional powers.
- Kalu V. FRN (2017) LPELR 40108.
- Oguejiofor V. Ibeabuchi (2017) LPELR 43590.
Although the Respondents averred in paragraph 6 of their
counter affidavit that the Applicant was arrested in
connection with the offence of Rape, they have not denied the
facts averred by the Applicant in paragraph 9-12 of the
Applicant’s supporting affidavit wherein the Applicant
averred that he has been in detention since 10th August, 2021
without being charged to court and despite the letter written
by his counsel requesting for his release.
It is trite law that where evidence is adduced by way of
affidavit evidence and such evidence is not controverted by a
counter affidavit, the uncontroverted facts contained in the
affidavit, is taken as true and the court is at liberty to accept
and act upon the uncontroverted evidence.
Page 8 of 9