Saka Ibrahim & Anor V. The State (1986)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C.

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 direction and control of the Director of Public Prosecutions) to exercise on my behalf and acting under and in accordance with such general or special directions, in writing as I may from time to time issue to the said Director of Public Prosecutions, all and sundry the powers conferred upon me as Attorney-General of the State by subsections (1) and (3) of the said section.

DATED at Akure this 11th day of March, 1980.

J.K. ADERIBIGBE

ATTORNEY GENERAL

On 14th December 1981 an information filed and signed by one Joe Ibitoye, Senior State Counsel in the Ministry of Justice Ondo State, charged the appellant with various offences of arson, unlawful damage to property, stealing and forgery. The particulars of the offences are not material to this case. What is of importance is that the information was signed by the Senior State Counsel “for the Director of ‘public Prosecutions” with no reference whatever to the Attorney-General.

The appellant was arraigned before, tried and convicted by the High Court, Ado-Ekiti, Adeloye J., as he then was. The learned trial Judge sentenced him to various terms of imprisonment. The appellant appealed to the Court of Appeal (Benin Division) and the Court after considering the substance of the ease dismissed the appeal. It is pertinent to state here that no constitutional point was raised before the Court of Appeal. Only the merit of the case was attacked before that Court.