Prosecutorial Authorities and Content of a Charge

Practice flashcards covering prosecutorial and drafting authorities, jurisdiction-specific rules, and the formal contents and structure of a legal charge based on Nigerian law.

Who are the identified prosecutorial authorities mentioned in the notes?

The state, the commissioner of police, the inspector general of police, and Federal Republic Of Nigeria.

Which entities are included as drafting authorities?

The attorney general of the state or federation (represented by state councils), police officers or law officers, and the magistrate.

Who is the prosecutorial authority when offenses of a federal nature are tried in a state high court?

The Federal Republic Of Nigeria.

According to the transcript, in whose name shall a charge be brought if the Attorney General of the Federation instructed the draft?

The Federal Republic Of Nigeria, as per section $263(3)$ of the ACJA.

What is the prosecutorial authority for offenses within a state's jurisdiction tried in a state high court?

The state.

What is the specific prosecutorial authority for state jurisdiction offenses in Lagos?

The state of Lagos.

Who serves as the prosecutorial authority for cases in the High Court of the FCT or the Federal High Court?

The Federal Republic Of Nigeria.

In magistrate courts located in the South, North, or FCT, who is the prosecutorial authority?

The commissioner of police.

Who is the prosecutorial authority for purely federal offenses tried in the FCT Magistrate Court?

The inspector general of police.

When preparing the heading of the court, where should the charge number be placed, and what term is avoided?

The charge number is placed on the right; the term "suit number" is not used.

Who are the parties involved in a charge?

The complainant and the defendant.

What is the preamble required for an information or charge?

It is supposed to be counts, such as Count $1$.

What specific sections are required for charges in the High Court of the South and High Court of the FCT?

Statements of offense or particulars of offense.

What geographical details must be included in the contents of a charge?

The place of commission, including the exact location, the local government area, and the judicial division or magisterial district.

Is it mandatory to state the victim in a charge for stealing?

No, for stealing, the victim need not be stated and the charge remains valid.

Which case supports the validity of a stealing charge even when the victim is not named?

Fasciala versus IGP.

Why must the punishment section be included in the charge, and which law is cited?

It is included so as not to offend Section $36(12)$ of the CFIN; also referenced in AG Western Nigeria versus CFAO Limited.

Can a person be charged under a definition section if no punishment is provided?

No, you cannot charge under a definition section when no punishment is provided.