AG ANAMBRA
V.
NWOBODO

(1992) JELR 80240 (CA)    
Court of Appeal  ·  CA/E/43/91 ·  14 Jul 1992 ·  Nigeria
 · 
Other Citations
(1992) 7 NWLR (256) 711
CORAM
GEORGE ADESOLA OGUNTADE, J.C.A. (Presided) SAMSON ODEMWINGIE UWAIFO, J.C.A. SUNDAY AKINTOLA AKINTAN, J.C.A. (Read the Leading Judgment)
Core Terms Beta
attorney-general
information
case
criminal procedure law
accused persons
learned trial judge
private prosecution
accused person
chigbo ude
lazarus mbagu
private person
onuorah nwafor
order of mandamus
present case
sunday eze
director of public prosecutions
leader of the group
onyebuchi onuchukwu
proof of evidence
said information
such information
sunday aliobodo
attorney-general acts
ifeanyi chukwu george ani
masquerade group
murder of okwudili ede
case file
chukwu agu onwe
discretion of the hon. attorney-general
enugu high court
field of criminal prosecution
following morning
igwe d.o. onwe of amurri of misrule
insufficient evidence
laws of anambra state of nigeria
local government area
member of the ogene youth masquerade
members of his masquerade group
persons
prima facie evidence
private citizen
private prosecution of the accused persons
said applicant
said attorney-general
second bridge
support of application
verdict of the court

AKINTAN, J.C.A. (Delivering the Leading Judgment): The respondent in this appeal is a Legal Practitioner based here in Enugu. On 13 September. 1990 he filed a motion ex-parte before the Enugu High Court in which he prayed the court for leave to apply for an order of mandamus compelling the Attorney-General and Commissioner for Justice to exercise his discretion whether or not to prosecute Chigbo Ude. Lazarus Mbagu, Onyebuchi Onuchukwu, Monday Nworie, Onuorah Nwafor and Sunday Eze for the murder of Okwudili Ede. and if he declines to prosecute to endorse a certificate on the information submitted to him by the applicant on Thursday the 12th day of July. 1990 pursuant to section 214(a) of the Criminal Procedure Law, Cap. 37 Laws of Anambra State of Nigeria 1986.

The motion was supported by a "Statement in support of Application" and a 19 paragraph affidavit sworn to by the said applicant. Also attached to the affidavit are a letter addressed to the appellant by the applicant/respondent (…

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