CHIEF SHITTU OGUNREMI & ORS VS D. ASIYANBI & ORS
September 4, 2025THE QUEEN VS CHUKWUJI OBIASA
September 4, 2025Legalpedia Citation: (1962-12) Legalpedia 74483 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Dec 14, 1962
Suit Number: SC 104/1961
CORAM
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
AZU A. OWOH AND ORS
APPELLANTS
THE QUEEN AND ORS
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW— CHARGE—INFORMATION—APPEAL
SUMMARY OF FACTS
The appellants are three out of eight persons who were tried jointly in the High Court of Eastern Nigeria on an information in the name of the Director of Public Prosecu-tions of the Federation, signed on his behalf by a crown counsel in the public service of the Federation. The other five accused persons were acquitted.
HELD
Appeal allowed
ISSUES
Not Available
RATIONES DECIDENDI
POWER OF THE DIRECTOR OF PUBLIC PROSECUTIONS TO SIGN AN INFORMATION
‘The Director of Public Prosecutions of the Federation had therefore no standing under sections 337 to 343 of the Criminal Procedure Act to sign an information in the present case, since it is common ground that no powers have been delegated to him under section 47(4) of the Constitution of East-ern Nigeria, and that he has not been designated as a person authorised to sign an information under section 341 of the Criminal Procedure Act.’ Per BRETT F.J.
CASES CITED
Not Available
STATUTES REFERRED TO
1. The Criminal Code
2. The Constitu-tion of the Federation
3. The Nigeria (Constitu-tion) Order in Council, 1960
4. The Constitution of Eastern Nigeria
5. The Criminal Procedure Act
6. The Interpretation Act
7. The Federal Supreme Court Act, 1960
