Differences Between Noly Prosecutor and Withdrawal

Practice questions covering the seven legal differences between noly prosecutor and withdrawal as described in the lecture notes, including relevant case law and statutes.

Regarding the leave of court, how do withdrawal and noly prosecutor differ?

Leave of court is necessary for a withdrawal, but a noly prosecutor requires no leave of court.

Which case is cited regarding the requirement of leave of court for withdrawal versus noly prosecutor?

The case of state versus illori.

Which sections of the ACJL Lagos, ACJL Kano, and ACGA provide for the differences between noly prosecutor and withdrawal?

Section 73 of the ACJL Lagos, section one twenty five of ACJL Kano, and section one zero eight of the ACGA.

What is the second difference between withdrawal and noly prosecutor regarding reasons for entry?

A reason must be adduced for a withdrawal, while a noly prosecutor does not require a reason for entry.

Which case is cited regarding the requirement to adduce reasons for withdrawal?

Esomo versus AG Bendel State.

How does the awarding of costs differ between withdrawal and noly prosecutor?

Costs may be awarded for withdrawal, but no cost is awarded for an early prosecutor.

What is the difference in legal outcome if a withdrawal is entered after the defense compared to a nolly?

A withdrawal entered after a defense operates as an acquittal, whereas a NOLI at all times operates as a discharge only.

Which case clarifies that a withdrawal after defense is an acquittal while a NOLI is always a discharge?

Clark versus AG Lagos State.

How does the requirement for an incumbent AG differ between withdrawal and nolly?

An incumbent AG need not be present for a withdrawal, but a NOLI cannot be executed in the absence of an incumbent AG.

Which case established that a NOLI cannot be executed without an incumbent AG?

AG Kaduna State versus Hassan.

In terms of scope, how do NOLI and withdrawal entries differ?

A NOLI is always entered in a whole, whereas a withdrawal could be partial and relate to a particular count in a charge sheet.

What powers does the court have over withdrawal that it does not have over a nolly prosecutor?

The court has powers to make directions in a withdrawal (such as acquitting a defendant before defense), but it has no directive powers over a nolly prosecutor.