ONWUKA V. THE STATE

• Pages: 113-118

ONWUKA V. THE STATE

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113

Appeal allowed: judgment of High

Court is set aside: case sent back

for rehearing de novo before a

Customary Court having

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jurisdiction over the matter.

ONWUKA V. THE STATE

10

SAMUEL CHIKE ONWUKA

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APPELLANT

V

15 THE STATE

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RESPONDENT

SUIT NO. SC 146/1969

SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

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LEWIS,

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J.S.C.

MADARIKAN,

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J.S.C.

UDOMA,

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J.S.C.

3rd April, 1970

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Constitutional Law - Information - Offences for which Appellant was charged

said to be committed before the creation of Lagos State - Whether Director

of Public Prosecutions, Lagos State competent to file information - Nigerian

constitution s.104, Decree No.43 of 1968, s.8(2)(a).

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ISSUE:

1. Is the Director of Public Prosecutions, Lagos State competent to file an

information for an offence which was committed before the creation of Lagos

State?

FACTS:

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The Appellant was tried and convicted of several offences at the Lagos Assizes.

He appealed to the Supreme Court on the ground that the D.P.P. was riot compe-

tent to file the information on which he was tried and convicted, in that the offen-

ces for which he was tried were offences against federal legislation and had been

committed during a period when Lagos State had not yet been created and the

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Criminal Code had not taken effect as a state legislation.

HELD:

1. The issue of competence to file an information and institute criminal

proceedings is fundamental and when such competence is not established the

Supreme Court will hold that the trial is a nullity.

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2. S.8(2)(a) of Decree No.13 of 1968 vests the Attorney- General of Lagos State

with competence to institute criminal proceedings therefore in respect of any

offence against any law subject however to any extended powers conferred on

the Attorney-General of the Federation by the provisions of any enactment in

that respect. There is only this qualification to the competence of the Attorney

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General of Lagos State. He is empowered to institute such criminal

proceedings "in any court of law in the state". The Criminal Code operates in

Lagos State now as a stale law hence the Attorney-General of Lagos State is

competent to institute such proceedings in respect of offences against the

Criminal Code as such and by virtue of s.8(3) of Decree No.13 of 1968, the