The Law and Latitude of Private Prosecution in Selected Jurisdictions: Expansions or Restrictions?

Abstract

The right of a private person to lay direct complaint and prosecute same in criminal trials in Nigeria is regulated by statutes. Utilizing the provisions as regards this practice in the Kwara State Administration of Criminal Justice Law, the paper proceeds on a comparative analyses with other jurisdictions in examining the rationale for this right, the adequacy or otherwise of statutory provisions as to the utilization of the right and the possible abuses of the right. Reviewing the available literature, which is essentially statutory and judicial pronouncements, the paper argues that whereas there may be expedient reasons for its inclusion in the law there is the need modify the law. The paper also advocates a strict interpretation of the law, rather than a liberal approach.