Court affirms Lagos AG power to withdraw suit

Justice Owolabi Dabiri of a Lagos High Court, Tafawa Balewa Square has affirmed the powers of the state Attorney General, Mr. Adeniji Kazeem to withdraw a criminal case filed against Deepak Khilani and Sushil Chandra.

The judge held that the AG validly exercised his power of Nolli Prosequi as granted in section 211 of the 1999 constitution in withdrawing the criminal charges against the two defendants.

The claimant, Incorporated Trustees of Law and Awareness Initiative, had filed the suit challenging the power of the AG to withdraw a pending criminal case against the defendants by way of a Nolli Prosequi.

The judge also said, section 211 that devised the power to the AG however qualifies that the power requires the AG to consider the interest of the Public, the interest of Justice and the need to prevent abuse of processes in the exercise of that power.

He also said: “the Director, Public Prosecutions, Ms Titilayo Shitta-Bey having clearly explained the ground of public interest upon which the decision of the AG was based and same was not controverted by the applicant, thus the exercise of the power was lawful and valid.”

The court held that the applicant has no iota of locus standi to bring the action against the AG being that the applicant was not a party to the withdrawn case and not representing the complainant. The judge therefore dismissed the case.