‘Lagos AG can file nolle prosequi — Court

An Ikeja High Court has been told that the Lagos
State Attorney General has powers under Nigeria’s Constitution to
file nolle prosequi for cases it wanted to discontinue
prosecution.

The Director, Directorate of Public Prosecution (DPP) Ayo
Shitta–Bay said this while defending Attorney General’s powers
before Justice Owolabi Dabiri.

The DPP was the lead defence counsel in a matter instituted by
the Incorporated Trustees of Laws and Rights Awareness Initiative
(ITLRAI), challenging the State Attorney-General’s powers,
Mr.Adeniji Kazeem to file nolle prosequi in a matter involving two
Indian businessmen, Messrs Deepak Khilnan and Sushil Chandra.

The ITLRAI had sued the AG for stopping the trial of the two
businessmen through their counsel, Mr. Olumide Babalola.

The group had sought an injunction to restrain the defendants
and his officers from further exercising the powers given under
Section 211(1)(c) of the Constitution.

But the DPP, in her response argued that both under the
Constitution and with the support of the Administration of Criminal
Justice Law (ACJL), the Attorney– General has the power to withdraw
the matter.

She further argued that events leading to the decision to file a
nolle prosequi by the AG was taken in the overall public interest
and with consideration for justice.

According to her, the police had re-investigated the case and
opined that the action was civil in nature and after a detailed
assessment of the case file by the AG and exercising this under the
Constitution, the power to prosecute or not to prosecute, to
continue with the case or not, the AG filed a nolle prosequi.

Justice Dabiri has adjourned the matter till March 29 for
ruling.

An Ikeja High Court has been told that the Lagos
State Attorney General has powers under Nigeria’s Constitution to
file nolle prosequi for cases it wanted to discontinue
prosecution.

The Director, Directorate of Public Prosecution (DPP) Ayo
Shitta–Bay said this while defending Attorney General’s powers
before Justice Owolabi Dabiri.

The DPP was the lead defence counsel in a matter instituted by
the Incorporated Trustees of Laws and Rights Awareness Initiative
(ITLRAI), challenging the State Attorney-General’s powers,
Mr.Adeniji Kazeem to file nolle prosequi in a matter involving two
Indian businessmen, Messrs Deepak Khilnan and Sushil Chandra.

The ITLRAI had sued the AG for stopping the trial of the two
businessmen through their counsel, Mr. Olumide Babalola.

The group had sought an injunction to restrain the defendants
and his officers from further exercising the powers given under
Section 211(1)(c) of the Constitution.

But the DPP, in her response argued that both under the
Constitution and with the support of the Administration of Criminal
Justice Law (ACJL), the Attorney– General has the power to withdraw
the matter.

She further argued that events leading to the decision to file a
nolle prosequi by the AG was taken in the overall public interest
and with consideration for justice.

According to her, the police had re-investigated the case and
opined that the action was civil in nature and after a detailed
assessment of the case file by the AG and exercising this under the
Constitution, the power to prosecute or not to prosecute, to
continue with the case or not, the AG filed a nolle prosequi.

Justice Dabiri has adjourned the matter till March 29 for
ruling.