UNAH, OLAEDO WILMA (2026) COMPARATIVE ANALYSIS OF THE APPLICATION OF NOLLE PROSEQUI IN NIGERIA AND THE UNITED KINGDOM. Other thesis, GODFREY OKOYE UNIVERSITY ENUGU..
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Abstract
The power of nolle prosequi occupies a significant position in criminal justice administration, as it allows the Attorney General to discontinue criminal proceedings before judgment. While this power is intended to promote justice and prevent abuse of legal process, concerns have arisen regarding its potential abuse, particularly in cases involving politically exposed persons and matters of public interest. This study examined the exercise of nolle prosequi in Nigeria and the United Kingdom with a view to assess its impact on the administration of criminal justice and proposing reforms for Nigeria. The objectives of the study were to examine the practice of nolle prosequi in both jurisdictions, evaluate the extent to which the concept is applied in Nigeria and recommend measures for improving transparency and accountability in Nigerian criminal justice system. The study adopted doctrinal research methodology, relying on primary sources such as constitutional provisions, statutes, case law, and other relevant legislation, as well as secondary sources including books, journal articles, conference papers, newspapers, and credible online materials. The study found that while the Constitution of the Federal Republic of Nigeria 1999 grants extensive nolle prosequi powers to the Attorney General under sections 174 and 211, there are no clear guidelines to ensure compliance with the constitution. The absolute nature of the power creates opportunities for abuse and injustice. In contrast, the United Kingdom operates a more structured and accountable prosecutorial system through institutional guidelines and oversight procedures. The study recommends legislative reforms, mandatory written reasons for discontinuance decisions, the establishment of an independent prosecutorial oversight body, greater protection of victims' rights to enhance accountability and public confidence in Nigeria's criminal justice system.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law, Arts and Social Sciences > School of Law |
| Depositing User: | ESTHER IGWEIKE |
| Date Deposited: | 24 Jul 2026 12:47 |
| Last Modified: | 24 Jul 2026 12:47 |
| URI: | http://eprints.gouni.edu.ng/id/eprint/5969 |
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