Section 39: Powers of prosecution in criminal proceedings

(1)
Subject to the provisions of this Constitution of the Federal Republic of Nigeria (which relates to the power of the Attorney-General of the Federation to institute, continue or discontinue criminal proceedings against any person in any court of law), an authorised officer may before any magistrates' court prosecute, conduct or defend any complaint or other proceeding arising under this Act or in the discharge of his duty as such officer.
(2)
It shall not be an objection to the competency of an authorised officer to give evidence as a witness in any prosecution for an offence against this Act that the action is prosecuted, conducted or defended by him.
(3)
In this section, "an authorised officer" means an inspector, or any person, authorised by the Director to act in the manner prescribed in subsection (1) of this section.