A-G, WESTERN NIGERIA V. THE AFRICAN PRESS & ANOR.

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A-G, WESTERN NIGERIA V. THE AFRICAN PRESS & ANOR.

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A-G, WESTERN NIGERIA V. THE AFRICAN

PRESS & ANOR.

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ATTORNEY-GENERAL,

WESTERN NIGERIA

V

1.

THE AFRICAN PRESS LTD.

2.

AYO OJEWUNMI

SUPREME COURT OF NIGERIA

ADEMOLA,

C.J.N.

BRETT,

J.S.C.

BAIRAMIAN,

J.S.C.

AJEGBO,

J.S.C.

IDIGBE,

J.S.C.

12th January, 1965.

APPELLANT

RESPONDENTS

SUIT NO. SC 376/1964.

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Legislation - 1963 Constitution of Western Nigeria, s.47 Legal Notice 293 of 1963

(W.N.) Criminal Code (W.N.), s.47, s.48(2)

Criminal Law - Prosecution for seditious publication - Information signed by

Director of Public Prosecutions (W.N.)

ISSUES:

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1. Whether a prosecution instituted by a Director of Public Prosecutions in the

name of the Attorney-General ranks in Law as if it had been instituted by the

Attorney-General, where the Attorney General is exercising his powers as

granted by s.47 of the Constitution of 1963.

2. Whether a D.P.P. who institutes a prosecution is acting in a accordance with

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the Attorney-Generals instructions under s.47 of the constitution.

FACTS:

Section 47 (3) of the 1963 Constitution (W.N) provides that the Attorney-

General's power under subs. (2) to institute, take over, and discontinue prosecu-

tions, may be exercised by the Attorney- General in person or through the Director

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of Public Prosecutions, as an officer in the A-G's department, in accordance with

the A- G's instructions into which the courts are not to inquire (subs (a)). The A-

G., acting under subs. (3) authorised the

D.P.P.

by Legal Notice (293 of 1963), to

exercise on his behalf, his powers under subs (2).

The D.P.P. signed and filed an information in 1964 in the Attorney-General

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name, accusing the defendants of publishing a seditious publication contrary to

s.47 of the Criminal Code. The trial judge held that the Legal Notice did not vest

the D.P.P. with the powers of the A-G. under s.48 (2), which the judge viewed as

requiring the A-G. himself to decide upon and give his written consent to a pros-

ecution; and as no such consent was produced, the judge ruled that the prosecu-

tion for an offence under s.47 was null and void. The A-G appealed.