Institution Of Criminal Proceedings Flashcards
(43 cards)
Who has the competence to institute criminal proceedings in Nigeria?
The state has the competence to institute criminal proceedings against a person.
What was held in The State v Squadron Leader S.I. Olatunji regarding competence in criminal proceedings?
Any trial without competence to institute criminal proceedings is a nullity.
What are the persons that can institute criminal proceedings in Nigeria?
- The Attorney-General (Federal and State)
- The Police
- Private Persons
- Private Legal Practitioners
- Special Prosecutors
What is the role of the Attorney-General in criminal proceedings?
The Attorney-General is the Chief Law Officer and has the power to institute, take over, and discontinue criminal proceedings.
What powers does the Attorney-General have under Ss 174 & 211 CFRN 1999?
To institute and undertake criminal proceedings in any court except a court-martial.
Can the Attorney-General prosecute federal offences?
Yes, but only under specific circumstances such as when a federal law is intended to operate as a state law or through delegation.
What is ‘nolle prosequi’?
A formal notice of discontinuance of criminal proceedings by the Attorney-General.
What is the effect of entering a nolle prosequi?
It results in a discharge of the defendant, not an acquittal.
Can the Attorney-General delegate his powers?
Yes, the Attorney-General can delegate powers to officers in his department or other prosecutorial agencies.
What distinguishes nolle prosequi from a prosecutor’s withdrawal of proceedings?
- Nolle prosequi results in a discharge, while withdrawal may result in a discharge or acquittal.
- Nolle prosequi does not require judicial consent, while withdrawal does.
What is the statutory provision for the Police to institute criminal proceedings?
Section 66(1) of the Police Act 2020 provides the Police with the power to institute criminal proceedings.
What limitations does the Police Act 2020 impose on Police officers prosecuting in superior courts?
Only police officers who are legal practitioners can prosecute in superior courts.
What are the requirements for a private person to initiate criminal proceedings?
- Endorsement by the Attorney-General declining to prosecute.
- Entering into a recognizance with a surety.
What are the statutory limitations on private persons prosecuting certain offences?
- Official corruption against a Judicial Officer requires AG’s signature.
- Consent of the AG is needed for sedition.
- Adultery can only be prosecuted by specified persons.
What is the significance of the Attorney-General’s discretion in prosecuting offences?
The Attorney-General has the discretion to charge some suspects and not others, even for the same offence.
True or False: A private person can initiate criminal proceedings without any conditions.
False.
Fill in the blank: The power of the AG to discontinue criminal proceedings is known as _______.
nolle prosequi
What is the legal implication of the Attorney-General being unable to enter nolle prosequi?
When there is no incumbent AG, no other officer can enter nolle prosequi.
How can the Attorney-General’s powers under Ss 174 & 211 CFRN be characterized?
The Attorney-General’s powers are discretionary and not subject to control, except by public opinion.
What is required for a private person to enter into a recognizance?
A sum prescribed by the statute, along with a surety in the same sum.
What must a private person seek for the offence of sedition?
Consent of the A.G.
Who can institute proceedings for adultery under sections 387, 388 & 389 of the Penal Code?
Only the husband or guardian of the woman involved.
What does the statute creating an offence designate?
A particular person or officer as the appropriate person to initiate proceedings.
Which act establishes the EFCC?
EFCC (Establishment) Act.
