Private Persons Prosecution of Criminal Proceedings

Flashcards covering the requirements, conditions, and exceptions for private persons to prosecute criminal cases based on the lecture transcript.

What power do private persons have regarding criminal proceedings

Private persons have the power to prosecute criminal precedents.

How can a private person commence the prosecution of criminal proceedings?

By laying a complaint to the court.

What case is cited regarding the conditions upon which a private person can prosecute?

The case of Oniyide v. Oniyide.

What must a private person file to begin the prosecution process?

They must file an information.

Who must endorse the information filed by a private person, and what must the endorsement state?

A law officer must endorse it, stating they have seen the information and declined to prosecute at a public instance.

Under the ACJL in Lagos, what financial obligation must a private person fulfill to prosecute?

They must enter a recognizance or execute a bond in the sum of $50,000\,Naira$.

What is the purpose of the $50,000\,Naira$ bond under the ACJL in Lagos?

To ensure the private person prosecutes diligently to the logical conclusion of the case.

Besides the bond, what other entity must the private prosecutor provide?

A surety known to the chief registrar.

What financial payments must a private person make to the court for prosecution?

Relevant deposits and costs as may be fixed by the court.

What is the first exception mentioned regarding who can prosecute certain offenses?

Where the law mentions a specific class of persons who can prosecute, such as for adultery under section $387$ and section $388$ of the Penal Code Act.

Who must sign the information in cases of official corruption against judicial officers?

The Attorney General.

What is required for a private person to prosecute the offense of sedition?

The consent of the Attorney General (AG) must be obtained.

How are the parties designated when a private person sues?

The parties are designated as the person suing and the accused.