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DISCRETION OF ATTORNEY GENERAL IN TAKING OVER CHARGE

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Dictum

The prosecutorial powers of the office of the Attorney-General of any State in the Federation, by dint of Section 211 of the 1999 Constitution, as amended, include taking over, at any stage, the case and the case file from the police and filing an information in the High Court in respect of any offence which, in their discretion, has been disclosed by the police investigation. This discretion cannot be denied to the office of the Attorney-General.

— E. Eko, JSC. Kekong v State (2017) – SC.884/2014

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THERE MUST BE A CHARGE FOR PROSECUTION OF A CRIME

In the case in hand, the learned trial judge did compel the appellants to choose either the witness box or the dock and it is significant that they all chose the witness box. This of course is an outrage on our criminal procedure for the learned trial judge had in the circumstances, with a witness in the witness box and without any other prosecutor, assumed that role in a most irregular inquisition, which is most undignified of a judge of a superior court. At the end of his ruling the learned trial judge stated that he found the appellants guilty but there was no charge and it is manifest that the judge did not deal as he should have dealt with the appellants’ brevi manu by asking them into the dock to show cause why they should not be punished for contempt of court and punishing them accordingly.

– GEORGE BAPTIST AYODOLA COKER, J.S.C. A.U. Deduwa & Ors. v. The State (1975)

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INGREDIENTS TO SUCCEED IN A CHARGE MURDER

For the prosecution to succeed in a charge of murder, it must prove the following ingredients. 1. That the death of the deceased was a result of the voluntary act of the accused; 2. That the accused had an intent to cause the death or cause grievious bodily harm to the deceased; 3. That the death of the deceased was a direct result of the act of accused to the exclusion of all probable causes.

– OMOBONIKE IGE, J.C.A. Etumionu v. AG Delta State (1994)

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ALLEGATION TO ALTERING CHARGE

The allegation that the PW.3 altered or attempted to alter Exhibit C, extra judicial statement of the Appellant is too serious a charge against the PW.3 and the prosecution to be allowed to be whimsically struggled into issue 2 without a ground of appeal putting the respondent on notice of this very serious charge that is criminal, as well as unethical, in nature. The sub-issue iv will accordingly be discountenanced.

— E. Eko, JSC. Kekong v State (2017) – SC.884/2014

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ONLY A CHARGE CREATED BY A COMPANY REQUIRES REGISTRATION

It has been held that it is only charges to secure money that are registrable, so a charge which, if granted by an individual, would require registration under the Bills of Sale Act, 1882, will not necessarily be registrable if granted by a company. See Stoneleigh Finance Ltd. v. Phillips (1965) 2 QB 537. And only a charge created by a company requires registration not one, which arises by operation of law such as an unpaid vendor’s lien. See London and Cheshire Insurance Co. Ltd. v. Laplagrene Property Co. Ltd. (1971) Ch. 499.

– Augie JSC. Bank v. TEE (2003)

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WHERE MORTGAGE IS BY CHARGE

In other words where the mortgage is by way of charge, and not by conveyance, the mortgagee takes no estate whatsoever in the land or in the property but he has generally only an equitable interest to be enforced by sale upon an order of court. The equitable charge simpliciter only gives a right to payment out of the property; it does not amount to an agreement to give a legal mortgage at all. The strict mode of enforcing the charge is, however, by sale (or appointment of a receiver under an order of court) but never by foreclosure. On the other hand where, as here, the agreement is to create a legal mortgage when required following a default in the terms of the agreement, the agreement may be enforced according to its terms notwithstanding that the legal mortgage when executed will also confer on the mortgagee an immediate power of sale.

– Idigbe JSC. Ogundiani v. Araba (1978)

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WHAT IS A CHARGE?

A charge is the appropriation of real or personal property for the discharge of a debt or other obligation, without giving the creditor either a general or special property in, or possession of, the subject of the security. The creditor has a right of realization by judicial process in case of non-payment of the debt.

– Augie JSC. Bank v. TEE (2003)

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