CHILD BRIDE : NOLLE PROSEQUI

The prosecutor in Kano State withdrew charges of murder against the 15 years old girl accused of using rat poison to kill a 35 years old man she was married to.

The lead prosecutor requested the state high court in Gezawa Kano State, to terminate the case of culpable homicide against Wasilat Tasiu who was fourteen years old when she was married to Umar Sani...............culled from Daily post

This is indeed a good news on the part of the child bride, but not enough for you to commit such crime.

We shall be discussing who an Attorney General is, his right and power to institute and discontinue criminal proceedings, what to consider when exercising these powers and many more.

The Attorney General is the chief law officer of the Federation or state meaning that we have AG at the federal and state level, the AG’s authority is enshrined in the constitution of the FRN by virtue of Section 174 which states that he shall have power to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than the court martial, in respect of any offence created by or under Act of the National Assembly, to take over and continue any such criminal proceedings that may have been instituted by any other authority or person,to discontinue at any stage before judgement is delivered.

Also in The state V. Chukwurah&ors it was held that the AG can discontinue any case before the honourable court at any state either by himself or through an officer in his department armed with a written authority to that effect.

Section 174(3) further states that in exercising his powers under this section (discontinuance) the Attorney General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.

The effect of discontinuance by the AG by virtue of section 73(1&2) of the Criminal Procedure Act is that all proceedings against the accused persons shall be stayed and he shall be discharged in respect of the charge or information for which nolle prosequi (discontinuance) is entered section 73(3) of the same act also state that such discharge shall not operate as a bar to any subsequent proceedings against the accused person on the same facts. In CLARKE&ANOR V.AG OF LAGOS STATE it was held that the effect of discontinuance is that it is just a mere discharge and not an acquittal. Also in STATE V. ILORI the Supreme Court held that a nolle prosequi is only a temporary proceeding which has the effect only of a stay and not of quashing of the indictment, which technically may later be prosecuted without a fresh indictment.

The question to ask now is whether the Attorney General exercised his right to discontinue criminal proceeding in this regard in the interest of the public or is it right to say it is a violation of public policy, considering how the public funds was looted by the late Dictator and his family, will this act of discontinuance encourage the present and future leaders to continue to loot public funds knowing that they can get away with this criminal act.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL