CONSEQUENT UPON the need to develop and ensure speedy criminal trials in the Court of law in Ondo State, Nigeria
AND PURSUANT TO THE POWERS OF THE ATTORNEY GENERAL OF ONDO STATE under section 211 of the Constitution of Federal Republic of Nigeria 1999 (as amended) to institute, undertake, take over, continue and discontinue criminal proceedings against any person before any Court of law in Nigeria.
AND IN ORDER to promote legal practice and improve on the standard of criminal trials in the High Courts and Magistrate Courts of Ondo State through the deployment and engagement of experienced private legal practitioners in Criminal prosecution of cases in the state.
I hereby request for application from PRIVATE LEGAL PRACTITIONERS for fiat to prosecute cases in the Court of law of Ondo State of Nigeria.
The Guideline for application for FIAT TO PROSECUTE CRIMINAL COURT CASES is as follows:
1. The applicant for Fiat to prosecute criminal cases must be a legal practitioner call to bar in Nigeria and in active legal practice for at least 3 years post call to Nigeria Bar.
2. The Applicant must be working in a functional Law office/Chambers within the Jurisdiction of Ondo State of Nigeria.
3. The Applicant must have paid his practicing Fees to the Supreme Court of the Nigeria as at when due and also paid Tax to the Ondo State Board of Internal Revenue for the year (Year of application).
4. The applicant must attached to his letter of application the following:A. Two passport photograph.B. A letter of instruction from the nominal complainant in the Charge before the Court.C. A certified True copy of the Charge sheet before the Magistrate Court and summary of the facts of the case and intended witnesses.D. Evidence of payment of practicing fees and tax for the year.
5. The applicant must have registered with the office of Department of Public Prosecution, Ondo State Ministry of Justice with a verifiable office address and Telephone Number(s).
6. All Applicants must submit a written progress report (of case(s) assigned to them) to the office of Attorney General every Four (4) months (that is quarterly).
7. A counsel handling a criminal trial/prosecution on behalf of the office of Attorney General shall not enter into plea bargaining arrangement or settlement of the case out of Court without the prior consent and authority of the Attorney General of Ondo State.
8. A Director in the Department of Public Prosecution (D.P.P.) shall be designated to supervise and monitor private Counsel(s) handling criminal Prosecution on behalf of the office of the Attorney General.
9. Members of the General public and the Courts in charge of criminal trial may by a letter addressed to the Attorney General of Ondo State complain on any misconduct or unethical conduct of private legal practitioner prosecuting criminal trials.
10. Criminal cases prosecuted by private Legal practitioner on the fiat of Attorney General of Ondo State are pro bono services and attracts no remuneration from the nominal complainant or the office of Attorney General.
11. On grant of Fiat to prosecute, the Private Counsel shall transmit a copy of the letter of grant to the Police Prosecutor (For Magistrate Court cases), Commissioner of Police and file a copy in the record of trial Court.
12. The office of the Attorney General of Ondo State reserves the right to refuse to grant application for fiat or cancel or revoke the Fiat for Private prosecution at anytime during the trial of the Court case.
13. This guideline shall take effect from 1st of January, 2021.
Consequent upon the issuance of above guideline and the need for due compliance, I hereby revoke all previous Fiat granted by Office of Attorney General to private Legal Practitioners in respect of pending Criminal cases in Courts. Counsel handling part-heard cases at the trial Courts before now should continue to appear in those cases on behalf of the Attorney General until their new application for Fiat is regularized.
This Guideline was issued under the hand of the Attorney General of Ondo State on this 24th day of December 2020.
Signed.
Sir Charles Titiloye Esq.
Hon. Attorney General and Commissioner for Justice,Ondo State.