CHRISTOPHER OKWARA MBAH V THE STATE

CORAM

MUHAMMAD SAIFULLAHI MUNTAKA COOMASSIE

MUHAMMAD SAIFULLAHI MUNTAKA COOMASSIE

MUHAMMAD SAIFULLAHI MUNTAKA COOMASSIE

PARTIES

CHRISTOPHER OKWARA MBAH APPELLANTS

THE STATE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant was charged along with 6 others at the trial Court for attempting to assassinate Dr. (Mrs.) Dora Akunyili Director General, National Agency for Food and Drugs Administration and Control (DG NAFDAC). The Attorney General of the Federation issued a fiat to the firm of Chief Afe Babalola to prosecute the suspects. Counsel for the 2nd and 3rd Accused persons filed a Notice of Preliminary Objection seeking to quash or set aside the fiat issued by the Federal Attorney-General and challenging the jurisdiction of High Court of Justice of the Federal Capital Territory, Abuja to entertain the four counts as charged against them. The learned trial judge upheld the application of no case submission of the 2nd and 3rd accused persons in respect of counts 1 and 2 and declined jurisdiction In respect of counts 3 and 4. The trial judge also declared the leave to prefer the charge granted by him earlier, a nullity and same was set aside. On appeal against the decision of the trial Court, the Court below agreed with the trial Court that the Appellant had no case to answer in respect of counts 1 and 2 of the charge but that the trial court should assume jurisdiction to continue with the hearing of counts 3 and 4. It is against that decision that the Appellant has appealed to this Court.

HELD

Appeal Dismissed

ISSUES

1. Whether the Court of Appeal was right in holding that the High Court of the Federal Capital Territory, Abuja has jurisdiction to entertain the offences alleged in counts 3 and 4 of the charge preferred against the appellants?

RATIONES DECIDENDI

JURISDICTION OF COURT-INGREDIENTS OF

“In the locus classicus case of Madukolu v. Nkemdilim (1962) 2 SCNLR; 341, the ingredients of jurisdiction of a court have, generally, been stated as follows: that a court has the necessary competence to exercise jurisdiction in a cause or matter if:
(a) it is properly constituted with respect to the number and qualification of its membership
(b) the subject matter of the action is within its jurisdiction;
(c) the action is initiated by due process of law; and

(d) any condition to the exercise of its jurisdiction has been fulfilled.”
“By virtue of the provision of Section 221 [d] of the Criminal Procedure Code, persons may be charged and tried together who were accused of different offences committed in the course of the same transaction.” PER MUHAMMAD, JSC

JURISDICTION OF COURT-FUNDAMENTAL NATURE OF

“JURISDICTION, it is said, my lords, is the life-wire of litigation. It is the authority which a court has to decide matters before it or to take cognizance of matters presented before it for decision.” PER MUHAMMAD, JSC

ATTORNEY GENERAL – POWERS OF THE ATTORNEY GENERAL OF THE FEDERATION TO PROSECUTE PERSONS WHO ARE ALLEGED TO HAVE COMMITTED ANY CRIMINAL OFFENCE IN THE FEDERAL CAPITAL TERRITORY

“The Honourable Attorney-General of the Federation, as found by the Court below, has the power to prosecute persons who are alleged to have committed any Criminal offence in the Federal Capital Territory.” PER MUHAMMAD, JSC

FIAT-WHETHER THE ATTORNEY GENERAL CAN ISSUE SAME TO ANY COUNSEL OF HIS CHOICE

“The Honourable-Attorney General of the Federation can validly and legally issue a fiat to any counsel of his choice to prosecute a Criminal offence in the Federal Capital Territory, Abuja.” PER MUHAMMAD, JSC

LACK OF JURISDICTION – EFFECT OF

“Where a court, whether inferior or superior, lacks it, it cannot entertain the matter, civil or criminal, sought to be placed before it for litigation as the defect in jurisdiction is fatal to the proceedings however well conducted and is extrinsic to the adjudication.” PER MUHAMMAD, JSC

ATTORNEY GENERAL- WHETHER THE ATTORNEY GENERAL OF THE FEDERATION IS ALSO THE ATTORNEY GENERAL OF THE STATE WITH RESPECT TO MATTERS WITHIN THE FEDERAL CAPITAL TERRITORY

“By section 301 of the Constitution of the Federal Republic of Nigeria 1999, the Attorney-General of the Federation is also the Attorney-General of a State with respect to matters within the Federal Capital Territory.” PER OGUNBIYI, JSC

CASES CITED

Adeniyi V State (2001) 13 NWLR (pt.730) 375 at 392 -393Madukolu v. Nkemdilim (1962) 2 SCNLR; 341Miscellaneous Offences Tribunal v. Okafor (2001) 18 NWLR (Pt.745) 295 at p.326 – 327 H – ANdaevo v. Ogunnaya (1977) 1 SC 11;Patrick Njovens V State (1973) INMLR 331 at 345Utih v. Onayivwe (1991) 1 NWLR (Pt.166) 166

STATUTES REFERRED TO

The 1999 Constitution of the Federal Republic of NigeriaThe Criminal Procedure Code Act, Cap 491 LFN [Abuja 1990]The Penal Code Act, FCT, Abuja, Cap. 532 of the Laws of the Federation, 1990

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