DIRECTOR OF PUBLIC PROSECUTIONS V. MICHAEL AKOZOR

UNSWORTH, F.J (Delivering the Judgment of the Court)

This is a reference by the Chief Justice of the High Court of Lagos under section 108 of the Constitution. The reference is in the following terms:-

1. On the 17th February, 1961, the Union Trading Company Limited brought a private prosecution in the Chief Magistrate’s Court, Lagos, against the defendant wherein he was charged on six charges, namely, five charges to make a false entry contrary to Section 438(b) of the Criminal Code, and one charge of destroying a document contrary to Section 390 (6) of the Criminal Code. Mr Impey, a private legal practitioner, acted for the complainant.

2. In the course of the trial the Director of Public Prosecutions directed that all the proceedings be discontinued and the defendant was accordingly discharged.

3. On the 29th March, 1961, the Director of Public Prosecutions instituted fresh proceedings against the defendant on similar charges, and a preliminary enquiry began at which Mr Impey, instruct…