Police Have Right Not To Charge Matter To Court – Experts Explain

The clarification comes amid public complaints that Police officers often refuse to “charge my matter to court” over disputes involving debt, breach of contract, and landlord-tenant issues.

A Senior Legal Officer at the Ministry of Justice stated that Section 4 of the Police Act 2020 and the Administration of Criminal Justice Act 2015 give the Police discretion to screen complaints before prosecution.

According to the officer, “The Police are not debt recovery agents. Their primary duty is to prevent crime, investigate criminal offences, and prosecute criminal cases, not civil matters.”

Lawyers say many Nigerians misunderstand the role of the Police. They rush to Police stations to report business disputes, family arguments, and unpaid loans expecting immediate arrest and prosecution.

The NBA Chairman in Lagos noted that charging every complaint to court is one of the major reasons for delay in the administration of criminal justice and prison congestion nationwide.

As of July 18, 2026, data from the Nigerian Correctional Service indicates that over 70% of inmates are awaiting trial. A large number of these cases began as complaints that should have been handled civilly.

Under ACJA 2015, the Policee are encouraged to use Alternative Dispute Resolution and refer civil matters to appropriate bodies such as Citizens Mediation Centers and Magistrate Courts.

A Police prosecutor explained, “When we see that a matter is purely civil, we advise parties to go to court. If we force it into criminal prosecution, the case will be struck out and we waste court time.”

Human rights advocates support Police discretion, but warn it must not be abused to shield influential persons or to extort money from complainants.

The National Human Rights Commission said Police must give clear reasons in writing when they decline to prosecute, to ensure transparency and accountability.

Legal experts also noted that “conduct likely to cause breach of peace” is often misused to criminalize civil disputes, which contributes to delays and case backlogs.

The Inspector General of Police, in a recent directive, urged officers to avoid turning Police stations into settlement centers and to focus on criminal investigations.

Stakeholders are calling for public enlightenment to educate citizens on the difference between criminal and civil cases, and the proper channels for seeking redress.

Until Nigerians understand that Police have the right not to charge every matter to court, experts say delays will continue, courts will remain clogged, and justice will be denied to victims of real crimes.