By: Valentine Adese (JP),
The Attorney-General of Plateau State has filed a Nulle Prosecue to stop an ongoing quasi criminal proceeding in an alleged “Court Contempt” before the Plateau State High Court, presided over by Hon. Justice A. Ashom, in favour of, Hon. Dayabu Garga (the incumbent Chairman of Kanam Local Government Council), Mr. John Gabriel Mallo, Mr. Bulus Mandor, Mr. Monday Adachin and Mr. James Yilnaan.
During the course of adopting their written addresses before the Court today, the Respondents through their Counsels, urged the Court to give effect to the Nulle Prosecue filed by the Attorney General of the State.
The Counsels cited Section 211, which in part reads as follows: “The Attorney General of a state shall have power: (a) to institute and undertake criminal proceedings against any person before any court in Nigeria other than a court-martial in respect of any offence created by or under any law of the House of assembly; (b)take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and (c) discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person”.
However, in his submission, S. S. Obende (Esq), Counsel to the Claimant Applicant/Judgment Creditor, leading other two Lawyers, while adopting his written address before the Court, told the Court that, the criminal proceeding arose from a civil matter and therefore quasi in nature and that the Attorney-General has no powers anywhere to stop such proceedings, while also citing Section 211(1c) to backup.
He said, “In furtherance of the Application of the Claimant/Judgment Creditor, on the 1st of December, 2022, we filed a written address on a sole issue, which is whether the Attorney-General can enter a Nulle Prosecue on a Civil Matter?”
S. S. Obende, who told the Court that the Claimant filed a composite reply on point of Law, urged the Court to enter judgment in favour of the Judgment Creditor, saying that, “The A-G cannot exercise the powers conferred on him in section 211 to terminate the prosecution of Court Contempt in a Civil Matter”.
It is of note that, the Constitution in Section 211, added that, “The powers conferred upon the Attorney General of a state under subsection 1 of this section may be exercised by him in person or through officers of his department.
“In exercising his powers under this section, the Attorney General of a state shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process”.
You would recall that, the contempt arose out of not giving effect(s) to the judgment and orders of the former Chief judge, Hon. Justice Dakwak (Rtd), in suit No: PLD/J/284/2001, which was between: Masok Mallo Tagbeng, Malo Matawal and Enock Kamo, who sued for themselves and on behalf the Dyak ruling house of Butura (and now judgment creditors) vs Bokkos LGC of Plateau State, Bokkos Local Government Traditional Council, Bureau for Local Government & Chieftancy Affairs, Plateau State, Joro Yak, Mr. Joseph Mahannan Dikop, Mr. Magit Mandik and Mr. Samuel M. Doy.
TO BE CONTINUED
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