CRIMINAL PROCEDURE — Prosecution — Authority to Prosecute State Offences — Attorney-General of State
Principle Statement
Not only does a State High Court have the jurisdiction to try cases relating to armed robbery, the officials of the Ministry of Justice of a State are eminently qualified to prosecute the offence of armed robbery in any High Court of a State.
Ratio Decidendi (Source)
Per Aderemi, JSC, in Tanko v. State (2009) NLC-123-53-2008(SC) at p. 10; Paras A–B.
"Not only does a State High Court have the jurisdiction to try cases relating to armed robbery, the officials of the Ministry of Justice of a State are eminently qualified to prosecute the offence of armed robbery in any High Court of a State."
Explanation / Scope
This principle establishes that State High Courts have jurisdiction to try armed robbery cases, and State Ministry of Justice officials are qualified to prosecute such offences. The principle applies where the offence is a State offence. It ensures that State prosecutorial authorities can handle armed robbery cases. The principle reflects the residual nature of armed robbery. It prevents challenges to prosecutorial authority based on federal jurisdiction. The court must recognize the competence of State prosecutors. The principle ensures effective prosecution of State offences. It provides clarity on prosecutorial authority.
