CORAM
BAIRAMIAN JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
LEWIS JUSTICE, SUPREME COURT
PARTIES
ALFRED IFEACHO
APPELLANTS
BOARD OF CUSTOM AND EXCISE
RESPONDENTS
AREA(S) OF LAW
Criminal Law – Board of custom and Excise Procedure
SUMMARY OF FACTS
The appellant, who elected to be tried summarily, was tried by Magistrate Ojomo on three counts laid under the Customs and Excise Management Act of 1958, and was convicted on them all.
HELD
That in proceedings instituted by another person the court cannot, except with the defendant’s consent, proceed to hear the charge unless the Board authorizes the continuation of the proceedings, and does not apply to proceedings instituted by order of the Board.
ISSUES
Whether the defendant consented to trial for the purposes of s.157(2) does?
RATIONES DECIDENDI
POWER OF PROSECUTORS TO STOP TRIALS UNDER S.164(A) OF THE CUSTOMS AND EXCISE MANAGEMENT ACT OF 1958
‘When a prosecution is conducted in the name of the Attorney-General, he or one of his authorised officers can stop the case by entering a nolle; there is no need to tell the court that they desire the case to continue if they wish it to be heard. So also when a charge is laid by the Board of Customs and Excise there is no need for the Board to say that it wants the case to be heard; if the Board wishes to stop the case, it can stay the proceedings under s.164(a) of the Act’- PerBairamian, J.S.C.
CASES CITED
Not Available
STATUTES REFERRED TO
The Customs and Excise Management Act of 1958