Institution of Criminal Proceedings

Flashcards on Institution of Criminal Proceedings in Nigeria

Who has the competence to institute criminal proceedings and why?

The state has the competence to institute criminal proceedings against a person because every offence committed is an affront on the state.

Who are the persons that can commence criminal proceedings in Nigeria?

The Attorney-General (Federal and State), The Police, Private Persons, Private Legal Practitioners and Special Prosecutors.

Under which sections of the CFRN 1999 is the office of the Attorney-General created?

Sections 150(1) and 195(1) of the CFRN 1999 for the federation and states respectively.

What powers does the Attorney-General have regarding criminal proceedings?

Institute and undertake, take-over and continue, and discontinue any criminal proceeding against or in respect of any offender in their respective jurisdictions in any court of law except a court-martial.

Under what circumstances can the A.-G of a State prosecute a federal offence?

Where a Federal Law is intended to operate as a state law and by the instrumentality of a fiat, where the A.-G of the Federation delegates the authority to him.

What is the power of the AG to discontinue criminal proceedings also known as?

The power of the AG to discontinue criminal proceedings, also known as nolle prosequi.

What is the effect of entering a nolle prosequi?

The effect of entering a nolle prosequi is a mere discharge (not an acquittal) of the defendant.

What is needed for the AG to discontinue a case?

The AG need not give reason to discontinue the case and does not require the consent of the court to enter a nolle.

Where is the power of the Police to institute criminal proceedings provided for?

The power of the Police to institute criminal proceedings is statutorily provided in Section 66 (1) of the Police Act 2020.

Who can prosecute criminal matters in superior courts of record in Nigeria under the Police Act 2020?

Only police officers who are legal practitioners can prosecute criminal matters in superior courts of record in Nigeria.

What conditions must be fulfilled before a court Registrar receives information signed by a private person?

There must be an endorsement by the Attorney- General stating that he has seen the information and declines to prosecute at the public instance, the offence(s) contained in the information and the private person shall enter into a recognisance in the sum prescribed by the statute, together with a surety in the like sum.

For an offence of official corruption against a judicial officer, who must sign the information?

The information must be signed by the A.-G.

For the offence of sedition, what must the private person seek?

The private person must seek the consent of the A.-G.

Can you name statutes that create special prosecutors?

Ibrahim Shehu Shema v FRN (2018) LPELR-43723(SC) and Customs & Excise v Barau (1982) 2 NCR 1.

Under what condition can a private legal practitioner file an information?

By section 381 (c) of the ACJA , an information may be filed by a private legal practitioner authorized by the AGF.

What are some of the exceptions to the general rule for the time limit to commence criminal proceedings?

Treason and Treasonable Felonies: within 2 years of the commission of the offence and Sedition: within 6 months of the commission of the offence.

How are criminal proceedings instituted in Magistrates’ Courts in the South?

Bringing a person arrested without warrant before the Magistrates’ court upon a charge signed by a police officer and by laying a complaint before a Magistrate.

How are criminal proceedings instituted in High Courts in the South?

Information of the Attorney- General of the State filed by a law officer or a private prosecutor .

How are criminal proceedings instituted in High Courts under the ACJA?

By information of the Attorney-General of the Federation and by information or charge filed in the court after the defendant has been summarily committed for perjury.

How can actions be commenced before the FHC?

Actions can be commenced before the FHC by way of a charge.

What is the rationale for requiring consent to file an information/leave to prefer a charge?

To protect an innocent person from the rigors of a groundless criminal prosecution.

What should the application to file an information must include?

A copy of the proposed charge/information and proof of evidence of witnesses.

What was held in State v Ilori regarding the AG's powers under s 174(3) and 211(3) CFRN 1999?

The provision imports a discretion but certainly did not create a condition.