P.Z. & CO. LTD. V. GUSAU & ANOR

• Pages: 167-170

P.Z. & CO. LTD. V. GUSAU & ANOR.

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167

Public Prosecutions cannot brief Counsel to appear on his behalf. The words "in-

stitute and undertake" mean that the Director arid his staff can commence and make

themselves responsible for criminal prosecutions, and not that they cannot brief

private practitioners to appear on behalf of the Director either alone or together

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with a member of the Director's staff.

The decision that I have reached on this reference is as follows:

(1)

The Director of Public Prosecutions has power, having regard to section 97

of the Constitution, to instruct a private legal practitioner to appear in a crimi-

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nal case on his behalf;

(2)

the Director of Public Prosecutions or a member of his staff can appear with

a legal practitioner so instructed.

Answer to Question (1): The

Director of Public Prosecutions

has power, having regard to

section 97 of the Constitution, to

instruct a private legal practitioner

to appear in a criminal case on his

behalf.

Answer to Question (2): The

Director of Public Prosecutions or

a member of his staff can appear

with a legal practitioner so

instructed.

P.Z. & CO. LTD. V. GUSAU & ANOR.

30

PATTERSON ZOCHONIS & CO. LTD.

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PLAINTIFF/RESPONDENT

V

1. MALLAM MOMO GUSAU

35 2. MALLAM BABA DAN KANTOMA

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DEFENDANTS

In re: MALLAM BABA DAN KANTOMA

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APPELLANT

SUIT NO. FSC 131/1961

FEDERAL SUPREME COURT

ADEMOLA,

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C.J.F.

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UNSWORTH,

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F.J.

TAYLOR,

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F.J.

28th April, 1962.

Commercial Law - Guarantee anal indemnity - Contract of Guarantee - Alleged

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illiterate guarantor Legislation - Interpretation - Illiterates Protection Act, Cap

83 Section 3 - Effect - Extent of Act - Total Illiteracy.

ISSUE:

1. Who is an illiterate under the Illiterates Protection Act?

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FACTS:

The appellant guaranteed in writing the trading account which the first defend-

ant had with the respondent Company. The 1st defendant failed to meet the ac-

count and the respondent brought this action against him joining the appellant.

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