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ANYEBE
V.
THE STATE

(1986) JELR 42599 (SC)

Supreme Court 6 Jan 1986 Nigeria
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- The case involves the question of whether a State Attorney-General can prosecute a Federal Offence without delegation from the Federal Attorney-General. - The charges against the appellant were brought under a Federal law, and it was not

Case Details

Suit Number:SC.48/1985
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Counsel:Chief C. Ikeazor, with him Professor S.A. Adesanya, Chief A. Ogiri, John A. Ochoga, P.A. Akpudo, T.O.G. Animashaun and O.O. Sanyaolu For Appellant B.I. Hom (Attorney-General, Benue State) with him E.A. Haruna (State Counsel) For Respondent
Other Citations:(1986) 1 NWLR (Pt. 14) 39, Anyebe v. State (1986) NWLR (Pt. 14)39

IRIKEFE, CJN (Presiding and Delivering the Leading Judgment): This appeal raises issues as to whether a State Attorney-General can prosecute a patently Federal Offence without express delegation from the Federal Attorney-General.

Mr. Horn, the Honourable Attorney-General and Commissioner for Justice, Benue State, states that he is not now opposing the appeal on the constitutional issue raised. This, in my view, would knock the bottom out of the entire case.

The charges brought against the appellant arose under a Federal law and consequently it would not have been competent to prosecute him unless and until his prosecution had been expressly authorised by the Federal Attorney General or, which is saying the same thing, powers to prosecute had been expressly delegated to the State Attorney-General. Mr. Horn confirmed that this was not the case.

It seems to me that what was done in this case flies in the teeth of our decision in Attorney-General Kaduna State v. Hassan which is reported …

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