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Court affirms Lagos AG’s power to withdraw criminal case

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By Abdulwahab Abdulah

LAGOS — JUSTICE Owolabi Dabiri of a Lagos High Court, yesterday, affirmed the authority of the state Attorney General, AG, to enter a nolle prosequi (withdrawal of criminal case) in a criminal matter pending before the court.

Delivering judgement, Justice Dabiri laid to rest the controversies over the AG’s action to withdraw a criminal case instituted against Deepak Khilani, a British citizen & Sushil Chandra.

Justice Dabiri dismissed the claimant’s action saying the Lagos State Attorney General 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; Deepak Khilani and Sushil Chandra.

The Judge held that “the Director, Public Prosecutions, Ms. Titilayo Shitta-Bey, having clearly explained the ground of public interest upon which the decision of the Attorney General was based and same was not controverted by the applicant, thus the exercise of the power was lawful and valid.

“The Applicant has no iota or shred of locus standi to have brought this action against the Attorney General being that the applicant was not a party to the withdrawn case and not representing the complainant, as such is held as a busybody who has no legal right or locus standi to approach the Court.”

The case was therefore dismissed.