At the time, the office of the Attorney-General, to whom the application should more appropriately have been made, was vacant. 35 Under the High Court of Lagos State (Civil Procedure) Rules, Order 53, rule 1 (1) it is first necessary to obtain leave to apply for an order of mandamus as a preliminary to applying for the actual order. 36
Citing the case of A-G, Kaduna State v Hassan (1985) 2 NWLR (Part 8) 483, learned Senior Advocate submitted that the functions of an Attorney-General can only be performed by the holder of the office or delegated personally by him to any delegatee. The immediate past Attorney-General of the Federation who ceased to hold office upon the dissolution of the …
Jan 11, 2020 · However, it is apropos to state that by virtue of Section 4 of Law Officers’ Act, 2004, the Solicitor General in the absence of an incumbent Attorney General can exercise the power of taking over the criminal proceeding The rationale behind this is because the office of the Attorney General being a creation of the law must remain alive and active and assignment s placed on …
Mar 12, 2020 · Citing the case of A-G, Kaduna State v Hassan (1985) 2 NWLR (Part 8) 483, learned Senior Advocate submitted that the functions of an Attorney-General can only be performed by the holder of the office or delegated personally by him to any delegatee. The immediate past Attorney-General of the Federation who ceased to hold office upon the dissolution of the …
The United States Attorney, within his/her district, has plenary authority with regard to federal criminal matters. This authority is exercised under the supervision and direction of the Attorney General and his/her delegates. The statutory duty to prosecute for all offenses against the United States (28 U.S.C.Jan 19, 2021
Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.
The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.
No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.
The office of the D.A. can investigate crimes with or without local law enforcement. Usually, police officers are the ones to find the criminals and make an arrest. Once an arrest is made, the D.A. will then make the decision to prosecute a case.
As nouns the difference between attorney and prosecutor is that attorney is (us) a lawyer; one who advises or represents others in legal matters as a profession while prosecutor is a lawyer who decides whether to charge a person with a crime and tries to prove in court that the person is guilty.
Prosecutors are the most powerful officials in the American criminal justice system. The decisions they make, particularly the charging and plea-bargaining decisions, control the operation of the system and often predetermine the outcome of criminal cases.
14 Cards in this SetThe U.S. Supreme Court is the only court established by constitutional mandateTrueAll evidence points to the conclusion that prosecutorial discretion is used toScreen out the weakest casesWhich of the following is the most common reason for prosecutors to reject casesEvidence problems11 more rows
The D.A. or District Attorney is a lawyer in the U.S. who works for the state and prosecutes people on behalf of it. There are also, of course, defense attorneys in America who act on behalf of their clients.
Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the prosecutor.
There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022
A prosecutor may voluntarily dismiss a case without prejudice in order to file a more or less serious case (as in the previous battery/assault example), to address a weakness or error in some part of the case (such as the evidence), or if they are not ready to go to trial at the date called by the judge.
Preliminary objection, by its very nature, deals strictly with law and there is no need for a supporting affidavit. In a preliminary objection, the applicant deals with law and the ground is that the court process has not complied with the enabling law or rules of court and therefore should be struck out.
Tobi, JSC (Delivered the Leading Judgment):- This appeal deals with two distinct and separate matters apparently or seemingly roped together by a single twine. One is the main appeal is parasitic on the main appeal. It is not an appeal. The main appeal is filed by the Attorney-General of the Federation. The second matter is in respect of an applicant seeking to join in the appeal as an interested party.
In addition to investigating criminal operations, the attorney general’s office looks into scams targeting seniors, violations of the state’s clean air and water laws and evaluates whether mergers break antitrust laws. On April 26, voters in both parties will have a choice for attorney general. Do the voters prefer a candidate with political ...
Shapiro is the chairman of the Montgomery County Board of Commissioners and was appointed to be the chairman of the Pennsylvania Commission on Crime and Delinquency [PCCD] by Gov. Tom Wolf about a year ago.
This was the 1992 landmark abortion ruling that upheld the basic tenet of Roe v. Wade that a woman has the right to an abortion. It established a new “undue burden” test, which struck down part of the Pennsylvania law which required wives to notify their husbands before getting an abortion.
Republican candidate Joe Peters was a Scranton police officer, an organized crime and drug prosecutor in the attorney general's office for 15 years, a federal mafia prosecutor and oversaw a White House drug trafficking program. He most recently served as Kathleen Kane’s spokesman for about eight months in 2013 and 2014.