Month: November 2023

The law generally provides unequivocal support to individuals who have valid reasons to report an offense to law enforcement agencies. This support extends to allowing law enforcement to exercise their discretion in various investigative processes, including making arrests, interrogating suspects, conducting searches, and detaining individuals.

This week’s article addresses a critical question: Can a complainant withdraw their complaint after reporting it to the police, and does such a withdrawal affect the ongoing law enforcement investigation?

The legal principle, as established in the case of SHONEYE v STATE (2015) LPELR-25862(CA), is that once someone reports a crime to the police, their role in the matter concludes. The victim or their family no longer has the right to withdraw the complaint, as a crime has been committed.

Ro further illustrate, the recent case of Erin & Anor v Diabakte(2023) LPLER-60473(CA) comes in handy. It is noteworthy that the “Anor” in this case refers to the Economic and Financial Crimes Commission (EFCC). In this case, the Respondent, initially the Applicant, filed a lawsuit under Fundamental Rights rules, alleging wrongful detention and a demand for a substantial sum of money by the Appellants (EFCC). In response, the Appellants claimed to have received a complaint related to a fraudulent contract and were investigating the Respondent’s involvement. They argued that the Respondent lacked the necessary work permit. This case revolves around the Respondent’s human rights claims and the Appellants’ investigation into a suspected fraudulent contract.

Furthermore, this case originated from a complaint against the company that the Respondent was doing business with, which had been accused of defrauding the complainant. This led to the Respondent’s invitation and subsequent detention, subject to bail conditions. Although the complainant later withdrew the petition, the Appellants’ Counsel rightly emphasized that the withdrawal does not invalidate the Appellants’ investigation and findings. The Appellants retain the authority to file charges against the suspects, should they choose to do so, regardless of the withdrawal.


In conclusion, the law firmly upholds the principle that once a crime is reported to the police, the complainant’s role in the matter ends, and they have no right to withdraw the complaint. The treated cases of serve as an important precedent, highlighting that even if a complaint is withdrawn, it does not nullify the ongoing investigation by law enforcement agencies. They retain the authority to pursue charges against suspects if they deem it necessary.

Thank you for reading. See you next week.

Rulings and judgments are fundamental concepts in the realm of justice and legal proceedings The term judgment is a decision or determination within the context of a court, similar to the concept of a ruling. However, it is crucial to distinguish between these two legal terms. A judgment, unlike a ruling, signifies the court’s ultimate and conclusive decision that effectively resolves the dispute at hand. In doing so, it also establishes the rights and obligations of the involved parties.

On distinction between judgment and ruling, the Supreme Court in Contract Resources (Nig.) Ltd. v. S.T.B. Ltd (2013) 6 NWLR (Pt. 1350) 260 held that: “The word judgment means a decision or determination in relation to a court just as ruling. However, in contradistinction to ruling, judgment represents a final decision of the court resolving the dispute and determining the rights and obligations of the parties“

On the other hand, a ruling represents a decision or order issued by a judge or court that pertains to specific procedural or interlocutory matters during the course of a legal case. Rulings do not conclusively resolve the central issues of the case but address procedural, evidentiary, or other preliminary matters. These can include, but are not limited to:

•Admissibility of Evidence: A judge may issue a ruling on the admissibility of certain evidence, determining whether it can be presented and considered in court proceedings. For example, in a criminal case, a ruling may decide whether a particular statement made by the defendant is admissible as evidence. Imagine you’re in a trial, and one side wants to use a letter as evidence. The judge has to decide if that letter is allowed in the game. This decision is a “ruling” because it’s about whether that move (the letter) is okay.

•Motions: Rulings can also be related to motions filed by either party. For instance, a ruling might decide on a motion to dismiss a case, an application for leave of court to file a divorce proceeding within the two years of marriage etc.

•Procedural Matters: Rulings can be made on procedural issues like the appointment of legal representatives, applications for adjournments, or requests for specific court procedures to be followed.

In conclusion, it is important to note that rulings are distinct from judgments. While rulings address specific issues within a case and can occur at various stages of the legal process, judgments represent the final, conclusive decisions that resolve the main dispute and establish the rights and obligations of the parties involved.

Thank you for reading. See you next week