Who can institute criminal proceedings in Nigeria

Practice questions on the competence and jurisdiction of prosecutors and the powers of the Attorney General in Nigerian criminal proceedings.

According to the case of State v. Squadron Leader S.I. Olatunji (2003), what is the consequence of an indictment made without jurisdiction?

The indictment will be quashed, even after the prosecution has closed its case, because competence is crucial in prosecution.

Which 1976 case supports the principle that competence and jurisdiction are essential for prosecution?

Okafo v. The State (1976).

Who are the specific persons or entities authorized to commence criminal proceedings in Nigeria?

The Attorney General (Federation or State), the police, private persons, private legal practitioners, and special prosecutors.

Who serves as the chief legal officer of the Federation or a State in Nigeria?

The Attorney General (AG).

Which sections of the Constitution of the Federal Republic of Nigeria provide for the creation of the office of the Attorney General?

Section $150$ and Section $195$.

According to Section $286(3)$ of the Constitution of the Federal Republic of Nigeria, what is the limitation on the power of the Attorney General of the Federation?

The office relates to federal offenses only, and the AG of the Federation cannot prosecute state offenses.

What is the general rule regarding the prosecution powers of a State Attorney General?

The office relates only to state offenses and cannot ordinarily prosecute federal offenses, as seen in Anyebe v. The State.

What is the exception involving Section $36$ of the Trafficking in Persons Prohibition Law Enforcement Act regarding the State AG's powers?

A State AG may prosecute federal offenses when the federal legislation creating the offense allows the state high court to try the offense.

Under what condition related to federal law acts can a State AG prosecute a federal offense, as seen in Emelogu v. The State?

When a federal law (such as the Robbery and Firearms Special Provisions Act) purports to act as a state law.

In the context of the Attorney General's powers, what is a "fiat"?

A donation of power or authorization from the Attorney General of the Federation to a State Attorney General to prosecute federal offenses.

What exception to the limits of State AG power is found in Section $286(1)(b)$ of the Constitution of the Federal Republic of Nigeria?

The State AG can prosecute when the court has equivalent jurisdiction to try offenses against state laws.

Which case is cited in relation to the exception where a court has equivalent jurisdiction over federal and state offenses?

R v. Onubaka.