Judiciary-Poetry-Logo
JPoetry

SOME CASES WHERE THE AG HAS ENTERED A NOLLE PROSEQUI

Reach more audience. Place advert here.

Dictum

✓ In R. v. Bereford (1952) 36 Cr. App. R. 1, the Attorney-General entered a nolle prosequi against the indictment of an accused person after a coroner’s jury had returned a verdict of manslaughter against the man, whereas he had been previously convicted of dangerous driving in respect of the same death.

✓ In R. v. Harrison (1951) 1 K.B. 107 the Attorney-General entered a nolle prosequi against the second count of an indictment were the jury had discharged the accused person on one count of the indictment but disagreed on the other count.

Was this dictum helpful?

SHARE ON

THE ATTORNEY GENERAL ALONE HAS POWER TO ENTER A NOLLE PROSEQUI

In The Queen, on the Prosecution of Tomlinson v. The Comptroller-General of Patents, Designs, and Trade Marks (1899) 1 Q.B., 909, A. L. Smith LJ: “Another case in which the Attorney-General is pre-eminent is the power to enter a nolle prosequi in a criminal case. I do not say that when a case is before a judge a prosecutor may not ask the judge to allow the case to be withdrawn, and the judge may do so if he is satisfied that there is no case; but the Attorney-General alone has power to enter a nolle prosequi, and that power is not subject to any control.” “It follows that his decisions (sic. Attorney-General’s), when exercising such functions, were not subject to review by the Queen’s Bench Division or this Court (sic. Court of Appeal)”

Was this dictum helpful?

THE ATTORNEY GENERAL HAS ULTIMATE POWERS IN CONTINUING OR DISCONTINUING A CRIMINAL PROCEEDINGS

State v. S.O. Ilori and 2 Ors. (1983) 2 S.C. 155 per Eso JSC: “on the extensive and unfettered powers of the Attorney-General, Eso, J.S.C. who wrote the Court’s lead judgment said at page 178, “The pre-eminent and incontestable position of the Attorney General, under the common law, as the Chief law officer of the...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

AG POWERS “NOLLE PROSEQUI” BELONG TO HIM ALONE – OTHERS CAN ONLY EXERCISE IF SPECIFICALLY DELEGATED

There can be no doubt that the powers given to the Attorney-General of a State under section 191 of the Constitution belong to him alone and not in common with the officers of the Ministry of Justice. Such Officers can only exercise the powers when they are specifically delegated to them by the Attorney-General. The...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

THE POWER OF THE ATTORNEY GENERAL TO DISCONTINUE A PROCEEDING IS PERSONAL

What this Court said in THE STATE v. ILORI And Others (supra) is sufficient for the statement that the powers of the Attorney-General of a State (and therefore of the Kaduna State in this appeal) are personal to him and are exercisable personally by him. Ideally, I think the makers of the Constitution were wise...

Membership Required

You must be a member to access this content.

View Membership Levels

Already a member? Log in here

Click the icons to like, follow, and join JPoetry

Facebook Twitter Whatsapp Telegram

Humongouz Empire

© 2025

designed by Humongouz Ztudio. 

TO – 644 | UO – 0 | GO – 571 | BO – 73

External link(s)

BOOK: First 2-years as a Law Student: Experiences and Lessons.