BABATUNDE AYINDE V. LABISI & ORS
August 28, 2025OSHINJINRIN & ORS VS ALHAJI ELIAS & ORS
August 29, 2025Legalpedia Citation: (1970) Legalpedia (SC) 57581
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Fri Apr 3, 1970
Suit Number: SC 146/1969
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
PARTIES
ONWUKA
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW
SUMMARY OF FACTS
The Appellant was tried and convicted by the trial Judge for Fraudulent false accounting. He challenges the competence of the Director of Public Prosecutions of the Lagos State to file the Information on which the appellant was tried and convicted.
HELD
The Criminal Code operates in Lagos State now as a State law hence the Attorney-General of Lagos State is competent to institute such proceedings in respect of offences against the Criminal Code as such and by virtue of section 8(3) of Decree No. 13 of 1968, the Director of Public Prosecutions of the State is competent in the circumstances to institute such criminal proceedings including the present one.
ISSUES
None.
RATIONES DECIDENDI
IMPORTANCE OF COMPETENCE TO FILE AND INFORMATION AND INSTITUTE CRIMINAL PROCEEDINGS
There can be no doubt that the issue of competence to file an Information and institute criminal proceedings is fundamental and when such competence is not established this Court will hold that the trial is a nullity. COKER, JSC
CASES CITED
1. Q v. Owoh [1962] 1 All NLR. 659
STATUTES REFERRED TO
1. Lagos State (Interim Provisions) Decree, 1968|2. Federal Constitution (1963)|3. States (Creation and Transitional Provisions) Decree, 1967 (No. 14 of 1967)|4. Criminal Code|5. Constitution (Suspension and Modification No. 1) Decree, 1966 (No. 14 of 1966)|
