Ratio DecidendiRatio DecidendiRatio Decidendi



IBRAHIM & ANOR
V.
THE STATE

(1986) JELR 44575 (SC)    

Supreme Court  ·  SC.206/1984 ·  14 Feb 1986 ·  Nigeria
 · 
Other Citations
Ibrahim v. State (1986) NWLR (Pt. 18) 650
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
section
attorney-general
director of public prosecutions
criminal proceedings
chief afe babalola
constitution of the federal republic of nigeria
senior state counsel
attorney-general of ondo state
such criminal proceedings
attorney-general of the state
grades of state counsel
exercise of the powers
said section
constitutional issue
constitutional point
deputy director of public prosecutions
said director of public prosecutions
such general
time issue
control of the director of public prosecutions
court of appeal
department of public prosecutions
attorney general
mr. olowo
name of the attorney-general
powers of the attorney-general
criminal prosecutions
director of public prosecutions of the state
ground of appeal
high court
legal notice no.
public prosecutions
such delegation
attorney-general of the burden
constitution of the federal republic
constitution of the federation of nigeria
delegatee of such power
exercise of delegation
extent of delegation
history of the powers of the attorney-general
leading judgment
learned counsel
learned trial judge
ministry of justice ondo state
officer of the attorney-general
provisions of the section material
s. o. ilori

ESO, JSC (Delivering the Leading Judgment): Only few facts are relevant to this case and they are as follows - On March, 1980, the Attorney-General of Ondo State gave an authorization under s. 191(2) of the Constitution of the Federal Republic, hereinafter referred to as the Constitution. The direction thus given reads-

"OD.S.L.N.4 of 1980

The Constitution of the Federal Republic of Nigeria, 1979

Public Prosecutions

AUTHORISATION UNDER SECTION 191(2) of THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1979

DATE OF COMMENCEMENT: 11TH MARCH, 1980

In exercise of the powers conferred upon the Attorney-General of the State by subsection (2) of section 191 of the Constitution of the Federal Republic of Nigeria 1979 as set out in subsections (1) and (3) of the said section, I hereby authorise the Director of Public Prosecutions of the State, the Deputy Director of Public Prosecutions and all grades of State Counsel in the Department of Public Prosecutions (acting under the immediate dir…

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