“The Attorney General may exercise the power to institute criminal proceedings which the Constitution of the Region gives him in any case in which he considers it desirable to do so, and in exercising it he is not subject to the control of any other person or authority. Certain Sections of the Criminal Code or other Regional laws make the consent of some person or authority necessary for the institution of a prosecution, but where that person or authority is someone other than the Attorney General these provisions must be construed as not applying to him, in order to avoid inconsistency with the Constitution, and where it is the Attorney General it would be “ludicrous” to require that in addition to signing an information or complaint he should file a document consenting to his doing so: R. v. Zik’s Press Ltd. (1947) 12 W.A.C.A. 110.”

Per ADETOKUNBO ADEGBOYEGA ADEMOLA, JSC A.G., WESTERN NIGERIA V. THE AFRICAN PRESS (1965) LCER-337(SC) (Pp 8 – 9 Paras F – D) #