In The Queen, on the Prosecution of Tomlinson v. The Comptroller-General of Patents, Designs, and Trade Marks (1899) 1 Q.B., 909, A. L. Smith LJ: “Another case in which the Attorney-General is pre-eminent is the power to enter a nolle prosequi in a criminal case. I do not say that when a case is before a judge a prosecutor may not ask the judge to allow the case to be withdrawn, and the judge may do so if he is satisfied that there is no case; but the Attorney-General alone has power to enter a nolle prosequi, and that power is not subject to any control.” “It follows that his decisions (sic. Attorney-General’s), when exercising such functions, were not subject to review by the Queen’s Bench Division or this Court (sic. Court of Appeal)”
THE ATTORNEY GENERAL HAS ULTIMATE POWERS IN CONTINUING OR DISCONTINUING A CRIMINAL PROCEEDINGS
State v. S.O. Ilori and 2 Ors. (1983) 2 S.C. 155 per Eso JSC: “on the extensive and unfettered powers of the Attorney-General, Eso, J.S.C. who wrote the Court’s lead judgment said at page 178, “The pre-eminent and incontestable position of the Attorney General, under the common law, as the Chief law officer of the...