Petro Misana Judgment
The consent to prosecute was invalid as it was issued by the Regional Prosecution Officer under section 26(1) EOCCA, a power solely vested in the DPP and non-delegable. The trial court therefore lacked jurisdiction, rendering the proceedings, conviction, and sentence a nullity. The defect is not curable under section 388 of the CPA. A retrial is ordered before a competent magistrate.
Source excerpt
- Embezzlement
- Misappropriation
- Abuse of position
- Jurisdiction
- Consent to prosecute
- Delegation of prosecutorial powers