CRIMINAL PROCEDURE ā Institution of Proceedings ā Attorney-General’s Fiat to Private Legal Practitioner ā Validity
Principle Statement
The court below... acknowledged this fact... 'There is no doubt that under the scheme in 1997, the Attorney-General of the Federation could in appropriate circumstances authorize a private legal practitioner to undertake the prosecution of offences under Decree No. 18 of 1994.' ... In the case of The State v. Collins Aibangbe & anor. (1988) 3 NWLR (Pt.84) 548 ... this Court, per Eso, JSC, stated that the Court had had occasion to rule before, that institution and undertaking of a Criminal Prosecution ... mean the Attorney-General and his staff and that they, can commence and make themselves responsible for a criminal prosecution and not that they cannot brief private Practitioners to appear on behalf of the Attorney-General.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in FRN v. Adewunmi (2007) NLC-123-287-2002(SC) at pp. 17ā18; Paras EāA.
"The court below... acknowledged this fact... 'There is no doubt that under the scheme in 1997, the Attorney-General of the Federation could in appropriate circumstances authorize a private legal practitioner to undertake the prosecution of offences under Decree No. 18 of 1994.' ... In the case of The State v. Collins Aibangbe & anor. (1988) 3 NWLR (Pt.84) 548 ... this Court, per Eso, JSC, stated that the Court had had occasion to rule before, that institution and undertaking of a Criminal Prosecution ... mean the Attorney-General and his staff and that they, can commence and make themselves responsible for a criminal prosecution and not that they cannot brief private Practitioners to appear on behalf of the Attorney-General."
Explanation / Scope
This principle establishes that the Attorney-General can authorize private legal practitioners to prosecute criminal offences. The power to institute criminal proceedings lies with the Attorney-General, but this power can be delegated. The Attorney-General can brief private practitioners to appear on behalf of the office. The principle ensures that the Attorney-General’s prosecutorial powers are not restricted to departmental staff. It applies where private counsel are retained for prosecutions. The Attorney-General retains control and responsibility. The principle reflects the practical realities of criminal prosecutions. It ensures that prosecutions can proceed even where departmental staff are insufficient. The fiat or authorization must be properly issued.
