CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
AJEGBO JUSTICE SUPREME COURT
IDIGBE JUSTICE SUPREME COURT
PARTIES
ATTORNEY-GENERAL WESTERN NIGERIA
APPELLANTS
THE AFRICAN PRESS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-CRIMINAL LAW AND PRACTICE-CONSTITUTIONAL LAW
SUMMARY OF FACTS
The DPP, Western Nigeria, initiated in the name of the A.G, Western Nigeria, criminal proceedings against the respondents for publishing seditious publication, publication of false news with intent to cause fear and alarm or to disturb the public peace, publication of defamatory matters. An acquittal by the trial court gave rise to this appeal.
HELD
Appeal allowed.
ISSUES
1. The learned trial judge misdirected himself in law in holding that “the consent required by section 48 of the Criminal Code is a personal one which must be given in writing by the Attorney-General himself after deciding to institute a prosecution.”
2. The learned trial judge misdirected himself in law in holding that “since the consent of the Attorney-General was not given, the proceedings in respect of count 1 of the indictment are null and void.
RATIONES DECIDENDI
CONSTITUTIONAL POWERS OF THE ATTORNEY-GENERAL
1. The Attorney- General may exercise the power to institute criminal proceedings which the Constitution of the Region gives him in any case in which he considers it desirable to do so, and in exercising it he is not subject to the control of any other person or authority. Per Ademola CJN
CONSTITUTIONAL POWERS OF THE ATTORNEY-GENERAL
Since section 47 of the Constitution authorises the Attorney-General to exercise his constitutional powers in person or through the Director of Public Prosecutions or other officers, a prosecution instituted by the Director of Public Prosecutions ranks In law as if it had been instituted by the Attorney General personally and no further evidence of consent is necessary. Per Ademola CJN
CONSTITUTIONAL POWERS OF THE ATTORNEY-GENERAL
Generally, there is no need for a judge to know what instructions the Attorney-General has given to the Director of Public Prosecutions in regard to the conduct of a case and the courts must normally take it for granted that if the Director of Public Prosecutions begins a prosecution under section 47 of the Criminal Code, he has done so in accordance with the instructions given him by the Attorney-General, for subsection (9) of section 47 of the Constitution of Western Nigeria provides that:-
“(9) Except at the instance of the Attorney-General of the Region, the question whether he has given any instructions in pursuance of this section, or what the instructions were, shall not be enquired into by any court of law.” Per Ademola CJN
CASES CITED
R. v. Zik’s Press Ltd. (1974) 12 W.A.C.A. 110
STATUTES REFERRED TO
Criminal Code of Western Nigeria
Constitution (1963) of Western Nigeria