Institution Of Criminal Proceedings

Question 1

Creation of office of AGF

Answer 1

S150 CFRN

Question 2

Creation of office of AGS

Answer 2

S195 CFRN

Question 3

Power of AG to institute overtake and continue

Answer 3

AGF - 174 (1) (a-c)
AGS - 211 (1) (a-c)

Question 4

AGF cannot prosecute state offence

Answer 4

AG ONDO STATE V. AGF

Question 5

AG ONDO STATE V. AGF.

Answer 5

AGF cannot prosecute state offences

Question 6

AGF can prosecute state offense when he gets approval from AGS

Answer 6

EDET v STATE

Question 7

EDET V STATE

Answer 7

AGF can prosecute state offense when he gets approval from AGS

Question 8

S 174 (2)

S211 (2)

Answer 8

AG can delegate powers by him to officers in his department but it cannot be further delegated.

Question 9

AG can delegate powers by him to officers in his department but it cannot be further delegated.

Answer 9

S174 (2)
S211(2)

Question 10

AGS cannot institute federal offences expect there’s a fiat from AGS

Answer 10

ANYEBE V THE STATE

Question 11

ANYEBE V THE STATE

Answer 11

AGS cannot institute federal offences expect there’s a fiat from AGS

Question 12

The power of the AG to institute and undertake criminal proceedings is sacrosanct and cannot be curtailed by means of an injunctive relief restraining the AG from prosecuting an offender-

Answer 12

AG ANAMBRA STATE V UBA.

Question 13

Circumstances that may necessitate AG to take over a matter

Answer 13

PLP
1. Petition by complainant on the basis of incompetence of current prosecutor.
2. Likelihood of bias or poor conduct of trials due to personal relationships. 
3. Public interest

Question 14

AG does not need to give reasons for his entering a nolle prosequi

Answer 14

STATE V ILORI

Question 15

STATE V ILORI

Answer 15

AG does not need to give reasons for his entering a nolle prosequi

Question 16

Only the AG can enter an oral nolle prosequi and if it would be delegated, the delegation would be in writing

Answer 16

STATE V CHUKWURA

Question 17

STATE V CHUKWURA

Answer 17

Only the AG can enter an oral nolle prosequi and if it would be delegated, the delegation would be in writing

Question 18

AG KADUNA V HASSAN

Answer 18

The power of nolle cannot be exercised where there is no incumbent AG.

Question 19

the power of nolle cannot be exercised where there is no incumbent AG

Answer 19

AG KADUNA V HASSAN

Question 20

The power of nolle prosequi can be exercised at any stage of the proceedings before judgment. Thus, even the day the judgment is to be read, he can exercise this power.

Answer 20

STATE V ILORI

Question 21

STATE V ILORI

Answer 21

The power of nolle prosequi can be exercised at any stage of the proceedings before judgment. Thus, even the day the judgment is to be read, he can exercise this power-

Question 22

Power of Police officers to prosecute

Answer 22

In Osahon V COP any police officer could institute a criminal trial in any court.

But now S66(1) says that only police officers who are legal practitioners can institute an action in any court.

Police officers who are not legal practitioners can only institute an action where prescribed by law and this has been interpreted to mean offences in the magistrate/ district courts).

Question 23

Power of Private Persons to institute an action

Answer 23

1. Consent of the AG
2. Endorsement on the private information that the law has seen the information but has declined to prosecute it
3. Enter into a recognizance for a sum of (50,000 - in Lagos)

Only limited to perjury

Question 24

Procedure for amendment of charge

Answer 24

LERARAW

1. Leave of court - MON+AFF+WA
2. Endorsement - A note of the order of amendment shall be endorsed on the amended charge. The amended charge will be treated as the original charge, effective from its original filing date. - COP V ALAO
3. Reading and explaining the amended charge to the defendant
4. A fresh plea is taken
5. Readiness of the defendant is examined
6. Adjournment if necessary is taken
7. Witness recall - SHOAGA V R

Question 25

The general rule is that a defect in a charge will not lead to the setting aside of a trial unless the defect is fundamental as the accused was prejudiced in the conduct of his defence.

Answer 25

AG WESTERN REGION V CFOA

Question 26

AG WESTERN REGION V CFAO

Answer 26

The general rule is that a defect in a charge will not lead to the setting aside of a trial unless the defect is fundamental as the accused was prejudiced in the conduct of his defence.

Question 27

Objections to a defective charge must be raised timeously and if you don’t raise it and plead to the charge then it would be deemed that you submitted to the jurisdiction of the court

Answer 27

IKOMI V STATE

Question 28

IKOMI V STATE

Answer 28

Objections to a defective charge must be raised timeously and if you don’t raise it and plead to the charge then it would be deemed that you submitted to the jurisdiction of the court

Question 29

An application for stay of proceedings in respect of a criminal matter before the Court shall not be entertained

Answer 29

OLISA METUH V FRN

Question 30

OLISA METUH V FRN

Answer 30

An application for stay of proceedings in respect of a criminal matter before the Court shall not be entertained

Question 31

Objection to insufficiency of proof of evidence is after close of prosecutions case

Answer 31

S260 ACJL Lagos