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 The treated cases of serve as an important precedent, highlighting that even if a complaint is withdrawn, it does not nullify the ongoing investigation by law enforcement agencies.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.
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