Tuesday, 15 January 2019

INSTITUTION OF CRIMINAL PROCEEDINGS

INSTITUTION OF CRIMINAL PROCEEDINGS

WHO CAN INSTITUTE CRIMINAL PROCEEDINGS
1. The Attorney - General (State/FG)-S.174&211 CFRN 1999
2. The Police-S.23 Police act;
3. Private Persons-S.59 CPL
4. Special Prosecutors(CEMA/NAFDAC/EFCC)
5. Judicial Officer

NOTE- INCOMPETENCE OF a PERSON INSTITUTING CRIMINAL PROCEEDINGS RENDERS TRIAL a NULLITY-Olatunji v.state.

A-THE ATTORNEY - GENERAL

The OFFICEof the Attorney General of the Federation and state is created under S. 150(1) and S. 195(1)CFRN(as amended)

The QUALIFICATION of the AG as provided by S. 195 &150 (2) is 10 years post call experience.;

NOTE-The AG Federation is empowered to exercise his powers over federal offences while the AG state is empowered to exercise his powers over state offences.

Thus, the AG of a State cannot exercise his powers over Federal offences and the AG Fed cannot exercise his powers over state offencesEXCEPT with the CONSENT of the other.-  Anyebe v. State

QUALIFICATION-However, where a Federal Act is enacted to operate as aState Law, then the AG State can commence criminal proceedings in its respect.  S.286(b) CRFNe.g Robbery and Firearms (Special Provisions) Act 1970
- Emelogwu v. State

NB- A Federal offence is an act or omission contrary to the provisions of an Act of the National Assembly-S. 286(3) CFRN.

POWERS OF THE ATTORNEY GENERAL-Sections 174(1) and 211(1) CFRN
a. To institute and undertake criminal proceedings against any person before any court of law in Nigeria, OTHER THAN A COURT MARTIAL.
b. to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.
c. to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or other without or person.

NB-The powers of the Attorney General of the Federation and states ABOVE may be exercised by him  personallyor through officers in his department. IBRAHIM Vs THE STATE ;
S. 174 (2) AND
s. 211 (2)


1. POWER TO INSTITUTE CRIMINAL PROCEEDINGS
The power of the AG to institute criminal proceedings in any court in NIGERIA is absolute  and cannot be questioned in a court of law. Akpa v. State.

e.g. a  State Counsel can prepare, sign and file a charge at the Magistrates' Court-
State v. Okpegboro,

NB-the AG cannot institute an action in a COURT MARTIAL.

ATTORNEY GENERAL'S POWER TO INSTITUTE ACTIONS AND PRIVATE LEGAL PRACTITIONERS

The Attorney General can institute criminal proceedings and thereafter hire a Private Legal Practitioner to continue with the conduct of the proceedings on behalf of the state-

STATE V. OKOYE (2007) :
SOLA AKINWUNMI v. THE STATE 2012 LPELR;
FRN V.ADEWUNMI

2. POWER TO TAKE OVER
The power to take over and continue any criminal proceedings from any authority or person at any stage of the proceedings is also absolute.-AMAEFULE V. STATE(SC)

NOTE-However, it is advised that the AG should terminate the original charge at the court before instituting a fresh action on the same facts and against the same person(s)-Amaefule's case (AG filing information when a pending case existed at the magistrate court.)

3. POWER TO DISCONTINUE( NOLLE PROSEQUI)- S,174&211(1) CFRN

MODE OF EXERCISE OF POWER OF NOLLE PROSEQUI-
S.73 CPL;
S.253 CPC;
S.71 ACJL
S,174& 211(2)

The Attorney-General can enter nolle orally if he is personally in Court or by an officer in his department who must be armed with a written authority of the Attorney-General
-STATE V. CHUKWURAH,(a State Counsel making an oral application to enter nolle)

NOTE(EXAMS)-SECTION 71 (1) ACJL suggests that no written authority or the physical presence of the AG in Court is required to enter a nolle in LAGOS STATE.

NB However, the  normalposition is to be maintained in Lagos State as the ACJL is silent on the  is that the AG can enter or nolle orally where he appears in person before the court or by written authority given to a State Counsel.





ABSOLUTE NATURE OF NOLLE PROSEQUI
The power of the AG to enter NOLLE is absolute.

The Attorney -General is not bound to give reasons for his decision to enter a nolle.-
AKOR THE STATE

Once the nolle is entered, the Court is bound to grant it without needing any explanation/reasons
for doing so. STATE V.ILORI

EFFECT/CONSEQUENCES OF NOLLE PROSEQUI

The effect of entering a nolle prosequi is a mere discharge and the plea of autre fois acquitcannot avail the accused. -THE STATE VS. ILORI.

This means that the accused can be prosecuted or rearrested for the same offence

1.The trial must be discontinued
2.The accused must be discharged
3. If accused is in the prison, he is to be released at once
4.If the accused person is on bail, the bail terms must be discharged immediately
 S. 73(1) (2) of the CPL,
S. 253(3) of the CPC and
S. 71(2) of the ACJL

POWER OF WITHDRAWAL OF CHARGES BY PROSECUTORS-
This can be exercised by the following persons:
1.The Attorneys -General ,2. The Police prosecutors. 3. Private prosecutor

EFFECT OF WITHDRAWAL OF CHARGES BY PROSECUTOR
The effect of withdrawal depends on whether the accused  person has opened his case or not in the trial as follows:

a. If it is made in course of investigation or inquiry, it is a discharge-S.75(1)a CPL
b. If the accused has not opened his defence, it is a discharges.75(1)b(i)CPL
c. If the accused has opened his case/defence, it is an acquittal. S.75.1(b) ii-CPL

NB-The  Court has a discretion to give a definite judgment that a withdrawal before the accused opens his case is an acquittal.

In all cases, the police, law officer or private prosecutor must furnish reasons for the withdrawal.
 S. 75 of the CPL,
S. 73 of the ACJL and
S. 130 of the CPCL

NB-in  the NORTH ,the withdrawal can only be made in the course of an investigation/inquiry and operates as a DISCHARGE.S.130(1) CPCL.

The court may endorse details of the withdrawal on the FIR.
A police officer CANNOT terminate investigation instituted by the AG-S.130(5) CPL

NOTE CAREFULLY-
The court under the CPCL is the high court or magistrate court- S.2 &130 CPCL.

Under the ACJL-the court  can be the magistrate court or the high court.
Under the CPL ONLY the  magistrate court can consent to withdrawal

DIFFERENCES BETWEEN AG'S POWER  OF NOLLE AND WITHDRAWAL BY PROSECUTOR
1. A nolle entered by the AG amounts to a discharge while withdrawal by a Prosecutor before accused defends amounts to a discharge and after accused presents his defence, amounts to an acquittal.

NB The magistrate may in his discretion where the Prosecutor withdraws before the accused makes his defence, order the accused to be acquitted if he is so satisfied.

2. The Court must consent to a withdrawal, while the court's consent is not required for entering a nolle.

3. The Prosecutor has to give reasons for withdrawal whereas no reasons need be given for a nolle.
4. The mandatory instructions of the AG with respect to withdrawal need not be inany particular form, for a nolle the instruction must be in writing and signed by AG to be valid.
5. The power of withdrawal by prosecutor is restricted to state offences while nolle may be entered for state or Federal offence.

6. The power of a prosecutor to withdraw applies only to proceeding in the Magistrate Court while the Power of the AG to enter NOLLE applies to all courts except a court martial.

NB- IN LAGOS- IT EXTENDS TO HIGH COURT-S.73(3) ACJL
7. There is no particular form/mode of withdrawal by prosecutor but the AG has to enter a nolle o ally in person or by delegation to LAW OFFICERS in writing

DELEGATION OF POWER
The powers of theAG are delegable - S. 174& 211(2) 
Delegation may be express or implied.-Ibrahim v. State(Express delegation in state gazette)

EXPRESS DELEGATION OF AG S POWER.
When delegation is EXPRESS ,the DPP in that case, could prefer / file an information in his own name without express reference to the AG.

IMPLIED DELEGATION OF AG'S POWER
Delegation may be implied is an officer in AG department may exercise the powers of the AG subject to any statutory limitation - AG Fed v. ANPP.

THIS APPLIES TO THE FIRST TWO POWERS OF AG.
NB The power to enter nolle is not delegable by implication.

TAKE NOTE:  The OFFICEof the AG is a CORPORATION SOLEcreated by S. 150&195 of the CFRN 1999 and can sue and be sued.

 It is distinct and separate from the person occupying it.

The office continues in perpetuity thus remains functional whether or not it is occupied by anyone.
- AG FEDERATION v. ANPP & 2 ORS(THIS ONLY APPLIES TO THE FIRST TWO POWERS.

*NB-(EXAMS)Thus, any criminal proceeding can be instituted against any person/ taken over by the office of the AG even where the office is vacant.9

NOTE FURTHER(EXCEPTION(EXAMS):
*The power of the AG to enter nolle prosequi or delegatesame cannot be exercised where there is no AG in office.- AG Kaduna State v. Hassan(r)

RATIONALE- this is because the powers of the AG to enter nolle is personal to him. The solicitor general cannot enter nolle in such circumstance.

* Thus, the AG cannot be sued because he entered a nolle prosequi- AG kaduna state v. hassan


B-THE POLICE PROSECUTORS
Can prosecute criminal cases in all Courts even up to the Supreme Court.
 S. 4 and 23 of the Police Act.
OLUSEMO V. COP(CA)-
S. 98(1) FCT High Court act;
 S. 56 (1) Federal High Court Act
OSAHON V. FRN

LIMITATIONS ON THE POWERS OF POLICE TO PROSECUTE ARE:

Information at the HIGH COURT must be signed by a Law officer-
S. 341 of the CPL
S. 257 of the ACJL.

. The powers of police prosecutors are subject to the Attorney- General's power.
FRN V. OSAHON
            OLUSEMO V. COP s. 
. Police prosecutor not allowed to cite authorities, give an address or replying an address made to the Court by a Lawyer unless he is a Lawyer himself.

Police are competent to prosecute not only in the Federal High Court but in any court in Nigeria whether the officer prosecuting is legally qualified or not.

C-PRIVATE PROSECUTORS,

S. 59(1)&342 of the CPL,
S. 143 (e) of the CPCL and
 S. 258 (a) (b) of the ACJL.

1. Can institute an action by COMPLAINT or information (s.342 CPL)

2. They need the consent(FIAT) of the Attorney-General to file information. This is not needed in the CPCL (North).

3.They must enter into a recognizance of N100 under the CPA, N 10,000 under the ACJL and no bond is needed under the CPCL to file an informationon the undertaking that he would prosecute the information to a logical conclusion- S.342 CPA;S.258 ACJL.

4. Once the consent(FIAT) is obtained and conditions are fulfilled, he can sign information in his own name. -
AKILU VS. FAWEHINMI.-:
S. 343 CPA.(SOUTH AND LAGOS ONLY)

5.They can also withdraw the charges filed.

NOTE(EXAMS):Where the AG refuses to prosecute and refuses to give his fiat, an order of mandamus may lie against him.

NOTE(EXAMS):  The power of a private person to compel the AG to issue a fiat does not preclude the AG's power to enter a nolle subsequently in the case.

NOTE(EXAMS)-In the North, a private person can institute criminal proceedings but does not require to obtain a FIAT from the AG nor fulfill the conditions as set out in S. 342 CPA.

LIMITATION OF THE POWERS OF A PRIVATE PERSON TO PROSECUTE

1. Offences of official corruption against a Judicial Officer can only be commenced upon a complaint or information signed by or on behalf of the Attorney General.
S. 98 C Criminal Code.

2. A person shall not be prosecuted for the offence of sedition unless the consent of the AG has been obtained.-S. 52 (2) Criminal Code

3. Offences such as adultery and related offences itemized in Ss. 387, 388 and 389 Penal code can only be prosecuted upon a complaint made by the husband, father or guardian(UNMARRIED WOMAN) of the woman or girl involved-S. 142 (1) Criminal Procedure Code.
NB- MCQ- it cannot be done by a WIFE AGAINST her husband.

4. Offences contained in Chapter XXI(21) or Chapter XXIII(23) of PenalCode can only be brought upon a complaint made by an aggrieved person or another person with leave of court.
S. 141 CPC.

NB-The power of a private person to institute criminal action is limited now to the offence of perjury i.e. lying on oath.(QUERY)

D-SPECIAL PROSECUTORS
A statute creating an offence may specify who may prosecute such offer such special prosecutor must not necessarily be a lawyer. 
NB-A special prosecutor's power is subject to that of the AG as provided by
S. 174 or
S. 211CFRN

* Custom and Excise Management Act provided offences which may be prosecuted by AG Fed upon sanction by the Board of Customs and Excise.(PROVISION?)

* S. 66 Factories Act vests the power of criminal proceedings in respect of factories offences on the inspector of factories.

NOTE Also, the powers of the EFCC, ICPC, NDLEA, NAFDAC, Federal Inland Revenue (FIR) to prosecute offenders.(ADD PROVISIONS)

E-JUDICIAL OFFICER-MAGISTRATE--(NORTH ONLY)

The power of a judicial officer to institute criminal proceedings is applicable only in the magistrates court in the North.-S. 160 CPC.

It confers authority on the Magistrate to draft a charge against an accused person in the Magistrate Court in the North after having heard the First Information Report brought by the Police.

NB-This provision does not contravene the presumption of innocence guaranteed an accused person by the S.36(5)CFRN -  IBEZIAKOR V. COMMISSIONER OF POLICE.

NOTE-LIMITATION OF TIME TO COMMENCE CRIMINAL PROCEEDINGS

Generally, there is no time limit for commencing criminal proceedings.  However, certain actions have time limit.
a. Treason and Treasonable Felonies-(SOUTH)2 years 43 CC
b. Sedition(SOUTH)6 months(after the offence was committed)- S.52(1) CC
c. Sexual offences(NORTH) under S. 218 & 221 CC - 2 months.
d. Custom offences - 7 years

NB(exams)-Conspiracy to commit any of the ABOVE offences is not limited by time.

NB-(EXAMS)the time will begin to run from the day after the commission of the offenceinclusive of Sundays and public holidays- MAYAKI VS. THE STATE

NB(EXAMS)The time limit for suing public officers within 3 months of the cause of action arising under s. 1(2) of the Public Officers Protection Act does not apply in criminal cases for offences committed in their official capacity.-
YABUGBE VS. COP.

MODES OF INSTITUTING CRIMINAL PROCEEDINGS IN VARIOUS COURTS.

A- AREA COURT
By laying a First Information Report and Complaint as is obtainable in Magistrate Courts in the North.

B- CUSTOMARY COURT
a. By bringing a person arrested without warrant before a customary court. Judge upon a charge duly signed by the Police Officer
b.By complaint as obtained in Magistrate Courts in the South.

C- MAGISTRATE COURTS
I-Magistrate Courts(SOUTH)
1. By laying a complaint-S. 77 (a), 78(a) of the CPA
2. By filing a charge (usually arrest without warrant)( by a Police or Law officer).
S. 78 (b) of the CPA-

JUDICIAL LIMITATION-THE STATE VS. OKPEGBORO(state counsel can file/sign charge in magistrate courts.

NB-in practice the registrar may not accept any charge where the COP is not the complainant.

NB- A complaint is an allegation made either orally or in writing that a person has committed an offence S. 2 CPA
FORM OF A COMPLAINT

1 where made orally, the Court or Registrar shall reduce it into writing.
2 It may be made by the prosecutor of that case.
3 Such complaint shall be made by the complainant in person or by a legal practitioners representing him oranyperson authorized in writingon his behalf.
4 It shall be heard in private - S. 60 CPA
5 Where a complaint requires that a warrant of arrest be issued against the accused person, then such a complaint must be on oath - IKONNE V. COP & ANR.

II- MAGISTRATE COURT- NORTH
1. Complaint-
S.117 CPC;
S. 143 (d) of the CPC.

2. By framing of a charge-S. 143 of the CPC.
3. By laying a First Information Report (FIR)-S. 143(b) of the CPC

PROCEDURE FOR RECEIVING FIR-S.117&118 CPC
1. The procedure for receiving an FIR is elaborated in Ss 117 & 118 CPC.
2. The magistrate MUST conduct a preliminary investigation by called upon the Prosecution to open its case and call witnesses who are to be examined and cross examined- HARUNAMI V. BORNO NATIVE AUTHORITY
3. If the magistrate finds a prima facie case against the accused, the magistrate will then frame a formal charge against the accused person and the case proceeds to FULL trial-IBEZIAKOR V. COP

FORM OF FIRST INFORMATION REPORT- S.117&118 CPC
a. The police must reduce the information in writing in the prescribed form called the FIR.
b. The information must be read over to the informant (complaint)
c. The informant is required to sign or seal the information-S. 117 (1) CPC
.
 SHORT SUMMARY TRIAL IN THE MAGISTRATE COURT(NORTH

NB-Where the accused offender admits the commission of the offence contained in the F.I.R, his admission shall be recorded as near as possible in the words used by him. 

The accused person may be convicted and sentenced by the court without a charge being framed.-
S. 156 and 157 (1) CPC

III-MAGISTRATE COURT(LAGOS)
1.By filing a charge (police/law officer)-  S. 78(1) of the ACJL
NOTE "COMPLAINT" IS NOT APPLICABLE IN LAGOS.

D.-HIGH COURTS.

I-  THE STATE HIGH COURT-SOUTH
a. By FILING AN INFORMATION at the High Court with the consent of the High Court Judge.-S. 77(b) CPA s. 340(2) CPA;
b. By laying a complaint before a High Court Judge
S. 77 (b) CPA; DPP v. Aluko; Abacha v. state
c. By information filed in the court after the Accused has been summarily committed for perjury by a Judge- S. 77 (b) (ii) CPA
d. By information signed by a Private person
e .by exhibiting an information ex-officio by the Attorney-General on simple offence

II- HIGH COURT- NORTH
1. by laying a Complaint before a high court judge.s. 185(b);1439D) of the CPC
2. by preferring a Charge with leave (applicable only in the North). See S. 185(b) of the CPC.
3. FILING OF INFORMATION- Taraba and Adamawa StatesONLY--S.185(b)-CPC(Amendment)edict (No 8 of 1986,Gongola.
4. by exhibiting an information ex-officio by the Attorney-General on simple offences.

III- HIGH COURT LAGOS
1. by filing an Information without consent--S. 256 (1) ACJL
NB- Complaint is not applicable in Lagos.

C-FEDERAL HIGH COURT(SUMMARY JURISDICTION-S.33(2))
This is by filing a charge against the accused person. 
The form is as that used in the Magistrate Court with similar contents.- S. 33 Fed. High Court Act
The Police, AG, State Counsel, [Private Legal Practitioners with fiat] can commence criminal proceedings in the Fed. High Court.- FRN V. OSAHON.
The FHC is a court of summary jurisdiction because the consent of the Judge is not required before filing a charge.
The applicable procedural Law in criminal matters in the Court irrespective of the judicial division is the CPA.- s.33.FHCA
The Attorney-General of the Federation must sign the charge whether it occurred in any State. -S. 56 of the FHCA and OSAHON VS FRN

D.NATIONAL INDUSTRIAL COURT
OBSERVES SAME PROCEDURE WITH FHC

APPLICATION FOR CONSENT TO FILE INFORMATION IN HIGH COURT (SOUTH)

The consent of a High Court Judge is required to file the information in the SOUTH

.The CPA is silent on this point,recourse is had to indictments (Procedure) Rules 1971 of England- S.363IKOMI V.STATE

NB-CONSENT NOT REQUIRED TO FILE INFORMATION in LAGOS STATE(exam)as cognizance of an offence is taken - S.77;Sj. 256(1) (2) and (3) of the ACJL

LEAVE TO PREFER A CHARGE IN HIGH COURT(NORTH)-
The  leave of a High Court Judge is required to prefer a Charge. -
R. 3 (1) & (2) of Criminal Procedure (Application for Leave to Prefer a Charge in the High Court) Rules 1970. .

NB- 
In kano, where the attorney general is to institute the action personally,he doesnot require the consent of the high court judge

PROCEDURE FOR APPLICATION FOR LEAVE TO PREFER A CHARGE OR CONSENT TO FILE INFORMATION RESPECTIVELY IN THE HIGH COURTS.

It may be by a letter(SOUTH MOSTLY) or Motion GAJI VS THE STATE Ex-parte. In the South (except Lagos), it is by Motion Ex-parte supported with the following documents:

a. A copy of the Charge/information sought to be filed
b. The unedited Statement of the accused and witnesses
c. List of witnesses to be called
d. Summary (proof)of evidence made by the Police
e. List of exhibits(if any0, and
f. Post mortem Report in murder Cases

NOTE-(EXAMS)Failure to have the above attached to the application for Leave is fatal to the case. See A.G FEDERATION VS. DR CLEMENT ISONG

CONTENTS OF THE APPLICATION FOR LEAVE OR CONSENT

The Application for Leave or Consent must state as follows:(This may be in the affidavit or body of the letter)
1. That the witnesses listed will be available at the trial
1. That no previous application has been made or if earlier made and refused it should be stated.
1. That the Information is true

NB-The Judge in granting the application must consider the totality of evidence to see if it links the accused with the crime. -IKOMI VS THE STATE and ABACHA VS. THE STATE

WHAT AN ACCUSED MUST DO IF HE WANTS TO OBJECT TO GRANT OF LEAVE/CONSENT

Where the accused feels the leave was wrongly granted, he may apply by Motion on Notice supported by an affidavit that the Charge or information be quashed. The Motion should be moved immediately after the Prosecution's opening address or before the plea is taken.

NB-Where an application for Leave or consent is not granted, a similar application to other Judges in the jurisdiction can be made until it is exhausted and a further one made to the Court of appeal. -

EFFECT OF THE FAILURE TO SEEK LEAVE/ CONSENT OF A JUDGE TO PREFER A CHARGE/FILE INFORMATION IN THE HIGH COURTS(EXCEPT LAGOS)

1. lack of the consent renders the information filed invalid - AG Fed v. Clement Isong
2. Any subsequent conviction will be a nullity.
3. The Charge or Information will be quashed on appeal or on a preliminary objection entered by the accused. BATURE VS. THE STATE(north) and A.G FEDERATION VS. DR CLEMENT ISONG(south)
4. No civil/ criminal actions can lie against the Judge for granting the leave since it is his discretion to so grant same or not and as a result of Judicial immunity -FRED EGBE Vs JUSTICE ADEFARASIN

SAMPLE APPLICATIONS

Ndu Gabriella
Director of Public Prosecution
Ministry of Justice,
Lagos State.
11th January, 2014
The Chief Judge of Lagos State,
Hon. Justice XYZ,
Delta State Judiciary,
Asaba - Delta State.
My Lord,
APPLICATION FOR CONSENT TO FILE AN INFORMATION

I am the Director of Public Prosecution in the Lagos State Ministry of Justice and I hereby apply for consent to file an information on  a charge of stealing  against one mr AGD
Investigation into the case has been concluded and all the witnesses that the prosecution intends to call in proof of its case are available. Attached to this application are the following documents:
1. A copy of the proposed Information;
2. The unedited statement of the alleged offender;
3. The proof of evidence; and
4. List of Exhibits to be relied upon.

This application is made on behalf of the Attorney General of Delta State. No previous application for consent has been made and I have utmost belief in the case against the alleged offender.
NB- P.343(CRIMINAL LIT PAST QUESTIONS)- variation(where a previous application was refused by another judge).
Yours faithfully,

Ndu Gabriella
 Director of public prosecution















IN THE HIGH COURT OF BORNO  STATE
IN THE BORNO JUDICIAL DIVISION
HOLDEN AT BORNO
CASE NO:……
BETWEEN:
THE STATE        ………………….. COMPLAINANT/ APPLICANT
VS.
XYZ…………..   ACCUSED PERSONS
MOTION EX-PARTE
BROUGHT PURSUANT TO SECTION 185(B) OF THE CRIMINAL PROCEDURE CODEAND RULE 3(1)AND(2) OF THE CRIMINAL PROCEDURE(APPLICATION FOR LEAVE TO PREFER CHARGE )RULES 1970 ANDUNDER THE INHERENT JURISDICTION OF THIS COURT
TAKE NOTICE that this Honourable Court will be moved on the ……… day of ……….. 2014 at the Hour of 9O'Clock in the forenoon or so soon thereafter on the application of the complainant on behalf of the State praying for the following:
1.AN ORDER granting leave to prefer a Charge of Stealing against the accused persons in the forms and terms of the proposed charge sheet hereby exhibited as "annexure A
2. AND FOR SUCH ORDERS OR FURTHER ORDER as this Honourable Court may deem fit to make in the circumstances
DATED THIS ………. DAY OF ……..2014
………………………….
                                                          GABRIELLA NDU
DIRECTOR OF PUBLIC PROSECUTION
MINISTRY OF JUSTICE, BORNOSTATE.
                                                                                                   FOR:ATTORNEY GENERAL, BORNO STTE

NB- WHEN DOING THE MOTION EXPARTE FOR CONSENT IN THE SOUTH- BRING IT UNDER THE S.363 OF CPA AND THE INDICTMENTS PROCEDURE RULES 1970.
                                                                             xxxxxxxxx…………………………………………………………………………………………………



















IN THE HIGH COURT OF KWARA STATE
IN THE ILORIN JUDICIAL DIVISION
HOLDEN AT ILORIN
CASE NO: KW/IL/02/07
BETWEEN:
THE STATE……………………………………………..COMPLAINANT
AND
BUBA SULE…………………………………………………….ACCUSED

APPLICATION FOR LEAVE TO PREFER A CHARGE IN THE HIGH COURT UNDER SECTION 185 (b) OF THE CRIMINAL PROCEDURE CODE AND RULE 3 (1) AND (2) OF THE CRIMINAL PROCEDURE (APPLICATION FOR LEAVE TO PREFER A CHARGE IN THE HIGH COURT) RULES, 1970.

WHEREAS:
1. The above named accused person was arrested for the offence of culpable homicide punishable with death under Section 221 of the Penal Code.
1. There is sufficient evidence to justify the accused person being put on trial for the said offence.
2. There has been no previous application made to this court under Section 185 (b) of the Criminal Procedure Code or any other proceedings under Chapter xvii of the same Criminal Procedure Code.
3. It is desirable to prefer this charge without first holding a Preliminary Inquiry to expedite the trial of the accused person and avoid the delay necessarily involved in the interest of justice.
4. The application is accompanied by the proof of evidence of the witnesses the prosecution intends to call in support of the charge at the trial of this case.
5. The case disclosed by the proof of evidence is to the best of my knowledge, information and belief, a true case.
6. This application is made on behalf of the Attorney -General of Kwara State of Nigeria by virtue of Section 7 of the Criminal Procedure Code Law.

NOW THEREFORE, I Ndu Gabriella, the Director of Public Prosecutions in the Kwara State Ministry of Justice, Ilorin do hereby apply for leave of the Honourable court to prefer the following charge against the accused person.

DATED THIS…………………..DAY OF……………………………..2014.


………………………….
NDU GABRIELLA.
DIRECTOR OF PUBLIC PROSECUTIONS
KWARA STATE MINISTRY OF JUSTICE
FOR:THE ATTORNEY GENERAL OF KWARA STATE
ILLORIN

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