CORAM

NNAEMEKA-AGU – JUSTICE, SUPREME COURT

PARTIES

FEDERAL REPUBLIC OF NIGERIA APPELLANTS

 SENATOR OLAWOLE JULIUS ADEWUNMI

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was charged before the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal in March 1997 on (918) counts. The charge sheet was signed and filed by a Senior State Counsel with the rank of Assistant Chief Legal Officer and a private legal practitioner on behalf of the Hon. Attorney-General of the Federation.

HELD

The Supreme Court held that the signing of the charge by both the State counsel and a private Legal practitioner did not vitiate the charge.    ?

ISSUES

1. Was it not wrong of the Court of Appeal to hold that the amendment of the charge against the respondent after the commencement of the 1999 Constitution makes the amended charge a new one and the initiation of which was invalidated by the provisions of that Constitution; notwithstanding that the charge was unquestionably valid at the time of its filing in 1997. 2. If Section 174 of the 1999 Constitution forbids the Attorney-General of the Federation from instructing a private Legal practitioner to initiate criminal prosecution (s) as decided by the Court of Appeal, but not conceded by the Appellant, has the signature of a state counsel on the amended charge not foreclosed any question about its validity regardless of whether or not it was countersigned by a private legal practitioner authorized by the Attorney-General to do so?

RATIONES DECIDENDI

CASES CITED

1. Col. Rotimi v. Macgregor (1974)11 S.C. 1332. Adio v. The State (1986) 4 S.C. 194 at 212-213?

STATUTES REFERRED TO

1. The 1999 Constitution of the Federal Republic of Nigeria

2. The Law Officers Act

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