Institutions Of Criminal Proceeding Flashcards
Who are persons who can institute criminal proceedings in Nigeria ?
- Attorney General of the federation
- Attorney General of the state
- Police Prosecutor
- Special prosecutor
- Private prosecutor
Powers of the Attorneys General in relation to criminal proceedings
a) Power to institute and undertake criminal proceedings.
b) Power to take over criminal proceedings at any stage before judgment and
C) Power to discontinue criminal proceedings at any stage before Judgment. SECTION 107 ACJA (AGF)
Section for AGF AND AG OF STATE
The powers of the Attorney General of either the State or of the Federation in relation to criminal proceedings is contained under section 174 (for AGF) and 211 (for AGS) CFRN 1999
Which power of the attorney general is most important
most important one for the purpose of your exam is the power to discontinue which is known as nolle prosequi.
Does the AG need to give reasons for excercising its power
The powers of the Attorney General is absolute, thus the A.G need not give reason(s) for exercising it in any way. See Ilori v. State
Can the AG of a state prosecute and offence created by an act of the National Assembly
The A.G of State cannot prosecute an offence created by an Act of the National Assembly without the fiat or consent of the AGF unless the said Act was meant to operate as a state law and vice versa see Emelogu v. State
Can an officer of the AGs office excercise the powers of the AG
Any officer of the A.G’s office can exercise the powers of the A.G . The power to institute, undertake and takeover criminal proceedings can be exercised even without a sitting A.G s.73 CPL, 253 CPCL, 71-72 ACJL
Can a Nolle prosequi be entered orally
It can be entered in writing or orally by the A.G only (an officer from the office of the A.G (e.g. Solicitor-General or DPP) cannot enter an ORAL nolle prosequi; Chukwurah v State.
Can a Nolle prosequi be entered orally
It can be entered in writing or orally by the A.G only (an officer from the office of the A.G (e.g. Solicitor-General or DPP) cannot enter an ORAL nolle prosequi; Chukwurah v State.
