THE ILLEGALITIES AND UNCONSTITUTIONAL ACTS OF THE NATIONAL UNIVERSITIES COMMISSION (N.U.C) , AND INDEPENDENT CORRUPT PRACTICES COMMISSION (I.C.P.C) BY PURPORTEDLY OVER-STRETCHING THE PROVISIONS IN SECTION 26(2) OF THE I.C.P.C ACT , 2000 . NOTWITHSTANDING THE SUPERIORITY OF SECTIONS 174 AND 211 OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED) . HAS BEEN FINALLY PUT TO PERMANENT REST BY THE SUPREME COURT OF NIGERIA ON FRIDAY , 16TH MAY , 2014 , IN THE DECIDED CASE OF , LAWRENCE S.U. AZUH VS. UNION BANK OF NIGERIA PLC (2014) 11 NWLR (PT. 1419) 580 . WHEREIN THE APEX COURT DECREED UPON : who has the power to commence criminal proceedings before the High Court or to make any application in respect of pending criminal proceedings before a judge . The Apex Court interpreted the combined provision in Sections 174 and 211 of the Constitution . PER , KEKERE-EKUN , J.S.C at page 608 . Paras. A – C , D – E My Lord , I submit that instructively , the Supreme Court had pronounced upon the issue on ; who has the power by virtue of Sections 174 and 211 of the Constitution of the Federal Republic of Nigeria , 1999 (as amended) in the case of , LAWRENCE S.U. AZUH vs. UNION BANK OF NIGERIA PLC (2014) 11 NWLR (PT.1419) 580 . Wherein the Apex Court, PER KEKERE-EKUN J.S.C. at page 608 , paras. B – F , opined thus : “ Notwithstanding the fact that individuals or corporate entities may be victims of crimes , the power to institute criminal proceedings resides in the Attorney-General of the Federation or of a state , as the case may be by virtue of Sections 174 and 211 of the 1999 Constitution (as amended) . Such power may be exercised by the Attorney-General himself or through any officer of his department . In appropriate circumstances , the Attorney-General may instruct a private Legal Practitioner to appear on his behalf . See : F.R.N vs. Adewunmi (2007) 10 NWLR (PT. 1042) 399 ; (2007) 4 SC (PT. 111) 30; F.R.N vs. Osahon (2006) 5 NWLR (PT. 973) 361 . Customarily , initiation and prosecution of criminal proceedings before the Magistrates Courts is done by the Police pursuant to powers conferred on it by Section 23 of the Police Act . The powers are subject to Sections 160 and 174(1) of the 1999 Constitution . See : F.R.N. vs. Osahon (Supra) . The point being made here , as submitted by learned counsel for the appellant , is that only the parties mentioned above , have the locus to any application in respect of pending criminal proceedings . The fact that the respondent is the “substantive complainant” in the proceedings before the Chief Magistrate Court , Asaba , does not confer any right on it to initiate any process in its own name in relation to the said charges before the Court or before the High Court .”
Posted on: Tue, 02 Sep 2014 20:24:59 +0000
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