EVARIST UGOJI VS THEOPHILUS UZOUKWU
July 22, 2025OVERSEAS CONSTRUCTION. CO. LTD. V CREEK ENT. LTD. & ANOR
July 22, 2025Legalpedia Citation: (1986-01) Legalpedia 80098 (CA)
In the Court of Appeal
Holden At Lagos
Mon Jan 6, 1986
Suit Number: SC 48/1985
CORAM
IRIKEFE, JUSTICE SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE SUPREME COURT
KAZEEM, JUSTICE SUPREME COURT
COKER, JUSTICE SUPREME COURT
KARIBI-WHYTE, JUSTICE SUPREME COURT
KAWU, JUSTICE SUPREME COURT
PARTIES
A.P. ANYEBE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
FEDERAL PROSECUTION
SUMMARY OF FACTS
This appeal raised issues as to whether a state Attorney-General can prosecute a patently federal offence without express delegation from the Federal Attorney-General. The charges brought against the appellant arose under a federal law and consequently it would not have been competent to prosecute him unless and until his prosecution had been expressly authorized by the Federal Attorney-General or, which is saying the same thing, powers to prosecute had been expressly delegated to the State Attorney-General. The Honorable Attorney-General and Commissioner for Justice confirmed that was not the case.
HELD
The appeal succeeded. All the proceedings against the appellant through the two lower courts were declared null and void. And the fine imposed on him by the Court of Appeal on the basis that there had been a valid prosecution leading to a lawful conviction was to be refunded to the appellant.
ISSUES
Whether a state Attorney-General can prosecute a patently federal offence without express delegation from the Federal Attorney-General.
RATIONES DECIDENDI
PROSECUTION OF A FEDERAL OFFENCE WITHOUT EXPRESS DELEGATION FROM THE FEDERAL ATTORNEY-GENERAL.
CASES CITED
Attorney-General Kaduna State vs. Hassan which is reported in Nigerian Weekly Law Reports – 1985 (2 N.W.L.R. Part 8 at page 465)
STATUTES REFERRED TO
Not Available
