CORAM

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UNSWORTH, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BRETT, JUSTICE SUPREME COURT

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PARTIES

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APPELLANTS

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MICHAEL AKOZOR

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW-REFERENCE

 

 

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SUMMARY OF FACTS

The defendant was charged in the Chief Magistrates’ Court February 1961 by private prosecution and the Director of Public Prosecution directed all proceedings be discontinued and he was discharged. The DPP then instituted fresh proceedings in March 1961 on similar charges and instructed Mr. Impey to handle, who appeared with a Crown Counsel. The trial Court sent two references to this Court to answer.

 

 

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HELD

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The Director of Public Prosecutions has power, having regard to section 97 of the Constitution, to instruct a private legal practitioner to appear in a criminal case on his behalf;

 

 

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ISSUES

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Whether the Director of Public Prosecutions has power, having regard to section 97 of the Constitution, to instruct a private legal practitioner to appear in a criminal case on his behalf

Whether, if the Director of Public Prosecutions has such power and has instructed a private practitioner, he or a member of his staff can appear with the legal practitioner so instructed.

 

 

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RATIONES DECIDENDI

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WHETHER PRIVATE PRACTITIONERS CAN PROSECUTE CRIMINAL CASES

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The words “institute and undertake” mean that the Director and his staff can commence and make themselves responsible for criminal prosecutions, and not that they cannot brief private practitioners to appear on behalf of the Director either alone or together with a member of the Directors staff. Per UNSWORTH F. J

 

 

 

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CASES CITED

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Not Available

 

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STATUTES REFERRED TO

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The Constitution of the Federation of Nigeria

The Magistrate’s Court (Lagos) Ordinance applied

The Rules of the Federal Supreme Court, 1961

The Prosecution of Offences Act, 1879

 

 

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