Ekiti State AG Issues Directive On Discontinuance of Prosecution Applications

Ekiti State Attorney General and Commissioner for Justice,
Olawale Fapohunda has expressed concern at the increasing rate at
which victims of crime, their relations and interested persons
apply for the discontinuance of criminal prosecution.

Fapohunda who expressed this concern today as he signed a
Directive on Applications for Discontinuance of Prosecution said
that more often than not the subject matter of such applications
were serious crimes including murder, armed robbery, kidnapping,
cultism, rape and defilement.

He stressed further that the applications were in respect of
offences which, the exercise of his discretionary power to
discontinue prosecution must necessarily be exercised cautiously,
judiciously and in the interest of the public.

The Attorney General announced that henceforth, the
discontinuance of criminal prosecution shall not be automatic as
all applications shall be subjected to merit review and determined
on a case by case basis.

According to him “Applications, which upon review are found
unmeritorious, unjust, abusive of the court process and against
government’s policy on crime prevention shall be denied.

He emphasised that “Applicants (victims of crime, their
relations and interested persons) applying for discontinuance of
prosecution, shall upon notification of the refusal of the
Application, be obliged to co-operate with the State as witnesses
or in any other capacity as may be required or risk indictment for
Compounding Felony.

He said “Applications for discontinuance of prosecution, which
upon review are found meritorious may be granted unconditionally or
conditionally, upon such terms in furtherance of the State’s policy
on restitution, compensation and plea- bargain in criminal
matters”,

The directive takes effect from today.