Institution Of Criminal Proceedings Flashcards
Creation of office of AGF
S150 CFRN
Creation of office of AGS
S195 CFRN
Power of AG to institute overtake and continue
AGF - 174 (1) (a-c)
AGS - 211 (1) (a-c)
AGF cannot prosecute state offence
AG ONDO STATE V. AGF
AG ONDO STATE V. AGF.
AGF cannot prosecute state offences
AGF can prosecute state offense when he gets approval from AGS
EDET v STATE
EDET V STATE
AGF can prosecute state offense when he gets approval from AGS
S 174 (2)
S211 (2)
AG can delegate powers by him to officers in his department but it cannot be further delegated.
AG can delegate powers by him to officers in his department but it cannot be further delegated.
S174 (2)
S211(2)
AGS cannot institute federal offences expect there’s a fiat from AGS
ANYEBE V THE STATE
ANYEBE V THE STATE
AGS cannot institute federal offences expect there’s a fiat from AGS
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-
AG ANAMBRA STATE V UBA.
Circumstances that may necessitate AG to take over a matter
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
AG does not need to give reasons for his entering a nolle prosequi
STATE V ILORI
STATE V ILORI
AG does not need to give reasons for his entering a nolle prosequi
Only the AG can enter an oral nolle prosequi and if it would be delegated, the delegation would be in writing
STATE V CHUKWURA
STATE V CHUKWURA
Only the AG can enter an oral nolle prosequi and if it would be delegated, the delegation would be in writing
AG KADUNA V HASSAN
The power of nolle cannot be exercised where there is no incumbent AG.
the power of nolle cannot be exercised where there is no incumbent AG
AG KADUNA V HASSAN
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.
STATE V ILORI
STATE V ILORI
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-
Power of Police officers to prosecute
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).
Power of Private Persons to institute an action
- Consent of the AG
- Endorsement on the private information that the law has seen the information but has declined to prosecute it
- Enter into a recognizance for a sum of (50,000 - in Lagos)
Only limited to perjury
Procedure for amendment of charge
LERARAW
- Leave of court - MON+AFF+WA
- 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
- Reading and explaining the amended charge to the defendant
- A fresh plea is taken
- Readiness of the defendant is examined
- Adjournment if necessary is taken
- Witness recall - SHOAGA V R
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.
AG WESTERN REGION V CFOA
AG WESTERN REGION V CFAO
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.
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
IKOMI V STATE
IKOMI V STATE
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
An application for stay of proceedings in respect of a criminal matter before the Court shall not be entertained
OLISA METUH V FRN
OLISA METUH V FRN
An application for stay of proceedings in respect of a criminal matter before the Court shall not be entertained
Objection to insufficiency of proof of evidence is after close of prosecutions case
S260 ACJL Lagos
