Institution Of Criminal Proceedings

Question 1

Categories of persons that can institute C.P.

Answer 1

1.AG, 2. Police, 3 Private Persons, 4. Special Prosecutors.

Question 2

AG

Answer 2

Section 174 a-c and Section 211a-c CFRN . Power to institute, undertake, take over, continue and discontinue at any stage before judgment except court martial.

Question 3

AGS of States

Answer 3

Can only handle offences created by an Act of National Assembly where there is an express delegation of authority from the AGF by way of FIAT. - could be General or Special Fiat. With such delegation -such offence must be prosecuted in the name of the fed.

Question 4

AGS & AGF Concurrent

Answer 4

The law must have been created in a manner the AGS does not need the express delegation of AGF to institute such proceeding . Eg ,,Robbery and Firearms… Case EmeKogi v State . Mohammed v State .

Question 5

Why AG will take over

Answer 5

To prevent Police abuse 2 react to petition of bias or incompetence.3 it P has a personal relationship with accused. 4 For public interest.

Question 6

Nike Prosequi- One no longer prosecute

Answer 6

Power of AG to discontinue proceedings at any stage before Judgment. S 71 of ACJL ,,, State V Ilori

Question 7

NP / Orally Or by Law officers with a written authority.

Answer 7

State V Ilori,,, Kaduna V Hassan. NP cannot be exercised where there is no incumbent.-Kaduna V Hassan. Effect- Discharge not acquitted see Clark V Ag Lagos state .