ALHAJI MUSTAPHER KACHALLA V. ALHAJI MUSTAPHER BANKI
June 6, 2025GODWIN IGABELE V THE STATE
June 6, 2025Legalpedia Citation: (2006) Legalpedia (SC) 17181
In the Supreme Court of Nigeria
Fri Feb 17, 2006
Suit Number: SC. 23/2004
CORAM
S. M. A. BELGORE JUSTICE, SUPREME COURT
M.E. OGUNDARA – JUSTICE, SUPREME COURT
NNAMANI JUSTICE SUPREME COURTUWAIS JUSTICE SUPREME COURTWALl JUSTICE SUPREME COURTBELGORE JUSTICE SU
D. MUSDAPHER JUSTICE, SUPREME COURT
I. L. KUTIGI JUSTICE, SUPREME
A. I.KATSINA-ALU JUSTICE, SUPREME COURT
I. C. ACHOLONU JUSTICE, SUPREME COURT
PARTIES
THE FEDERAL REPUBLIC OF NIGERIA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is against the decision of the Court of Appeal setting ruling of the federal high court on an interlocutory application challenging the competence of a police officer, Nuhu Ribadu, to commence a criminal action with the fiat of the Attorney General of federation. The judge ruled against the respondent which ruling was set aside on appeal. the Supreme Court in allowing the appeal and setting aside the judgment of the Court of Appeal held thus.
HELD
Whether the Court of Appeal was right when in interpreting Section 56(1) of the Federal High Court Act, Section 23 of the Police Act and Section 174(1) of the 1999 Constitution, came to the conclusion that the police officers prosecuting the Respondents lack the competence to initiate or conduct prosecution before the Federal High Court.
ISSUES
In setting aside the judgment of the Court of Appeal and affirming the ruling of the Federal High court, the Court took a community reading of Sections 174 of the Constitution of the Federal Republic of Nigeria, Section 23 of the Police Act and Sections 56 and 57 of the High Court Act to hold that every police officer, who has been called to the Nigerian Bar is legally qualified to prosecute criminal proceedings at any superior court in Nigeria.
RATIONES DECIDENDI
SUPREMACY OF THE CONSTITUTION
“When the constitution is clear as to its intendment on any subject, the courts in giving construction thereto are not at liberty to search its meaning beyond it. Any power given by the Constitution cannot therefore be taken away by any Act of National Assembly or Law of a state or a subsidiary legislation”. ( Per S.M.A. BELGORE, JSC)
MEANING OF “ANY OTHER AUTHORITY”; “REPRESENTED BY A LEGAL PRACTITIONER”
“To appear in all superior courts of record in Nigeria to prosecute any case, civil or criminal, the person is presumed to be a legal practitioner as provided in Legal Practitioners Act. So the words “any…person” presumes as “represented by a legal practitioner”. And for “any other authority” presupposes that authority could be represented by a legally qualified person either in that authority or engaged for the purpose by that authority”. (Per S.M.A. BELGORE, JSC).
POWER OF THE POLICE TO PROSECUTE CRIMINAL SUIT
“Police authority can, by virtue of the aforementioned provisions of S.174(1) of the Constitution prosecute any criminal suit either through its legally qualified officers or through any counsel they may engage for the purpose”. ( Per S.M.A. BELGORE, JSC)
CASES CITED
1. NPS v. Adekanye (No. 1) (2002) 15 NWLR (pt. 790) 318, 329,) (2002) 12 SCM 37.2. PDP v. INEC (1999) 11 NNLR (pt. 626) 2003. Nkwocha v. Governor of Anambra State (1984) 1 SCNLR 6344. Landboye v. Ogunsiji (1990) 6 NWLR (pt. 155)210
STATUTES REFERRED TO
1. The Federal Capital Territory Act2. The Law Officers Act (Cap. 204 Laws of the Federation of Nigeria 19903. The Federal High Court Act4. The High Court Act (FCT), Cap. 510 of the Laws of the Federation of Nigeria 1990.5. The Legal Practitioners Act6. The Police Act.7. The Constitution of the Federal Republic of Nigeria, 1999.
