OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON NATURE OF ISSUE OF COMPETENCE TO INSTITUTE A CRIMINAL ACTION IN A COURT OF LAW
The issue of competence to institute a criminal action in a court of law is fundamental. Thus, where it’s established that the authority or person is devoid of competence to institute a criminal action, the entire trial or proceeding embarked upon by the court is rendered a nullity, void and of no effect whatsoever.
In the instant case, the issue of whether or not a prima facie case had been made out could not rightly be said to have arisen. Undoubtedly, the doctrine has equally been settled that an accused person should not be indicted to face trial which, from the outset, he should not.
[Onwuka v. State (1970) ANLR 164; James v. Nigerian Airforce (2000) 13 NWLR (Pt. 684) 406; Anyebe v. State (1986) 1 NWLR (Pt. 14) 39; Madukolu v. Nkemdilim (1962) 2 SCNLR 341; Abacha v. State (2002) 11 NWLR (Pt. 779) 437; Ikomi v. State (1986) 3 NWLR (Pt. 28) 340; Egbe v. State (1980) 1 NCR 341; Okoli v. Ojiakor (1997) NWLR (Pt. 479) 48; F.R.N. v. Wabara (2013) 5 NWLR (Pt. 1347) 331 referred to.]
(Pp. 306–307, paras. F–A)