Introduction
In criminal prosecution in Nigeria, one term that often arises is the word “Fiat.” But what does it mean, how long does it last, and can a court question its validity? Recent decisions of the Court of Appeal and the Supreme Court of Nigeria have clarified the law on this important topic.
What is a Fiat?
The word “Fiat” comes from Latin, meaning “Let it be done.” According to Black’s Law Dictionary (8th Edition, p. 657), a fiat is an official authorization granted by a person in authority (such as an Attorney General) permitting another person, usually a private legal practitioner, to perform a specific legal function—most commonly, to prosecute or defend a criminal case on behalf of the State.
In Ebe v. Commissioner of Police (2008) 4 NWLR (Pt.1076) 189 at 206, the Supreme Court defined a fiat as the conferment of prosecutorial power by a competent authority.
Lifespan of a Fiat: How Long Does It Last?
One of the key issues around fiats is their validity period. Does a lawyer need a new fiat at every stage of a criminal case?
The courts have repeatedly answered this question. Once a fiat is granted, it remains valid for the duration of the case it was granted for, covering every proceeding related to the charge until the final conclusion, including appeals and interlocutory applications like bail hearings.
For example, in Nnakwe v. State (2013) 19 NWLR (Pt.1385) 11 at 52 and Aruede v. State (2006) NWLR (Pt.994) 297 at 312, the Court of Appeal and Supreme Court emphasized that a fiat continues throughout the duration of the case for which it was granted.
Can a Court Question or Demand Re-Validation of a Fiat?
In Commissioner of Police v. Ugwumba (2020) LPELR-49546(CA),the trial court wrongly insisted that the prosecuting counsel, who had a valid fiat from the Attorney General of Imo State, needed a fresh fiat before appearing at the High Court for a bail application.
The Court of Appeal strongly disagreed with this position, stating that:
The fiat remained valid throughout the case, including at both Magistrate and High Court levels. The lower court lacked jurisdiction to question the validity of a subsisting fiat.
The Court of Appeal referred to earlier decisions, including:
Ebe v. COP (2008) C.O.P. v. Ayi & Ors (2005) Marcel Nnakwe v. State (2013) The State v. Ughanwa & Ors (2019)
In all these cases, the courts held that once a fiat is issued, the court hearing the case cannot question its validity. The responsibility to monitor or revoke a fiat rests solely with the issuing authority (e.g., the Attorney General), not the trial court.
Key Legal Takeaways on Fiats in Nigeria
Meaning: A fiat is formal authorization by the Attorney General or other competent authority empowering a legal practitioner to conduct prosecution or defense in a criminal matter.
Validity Period: A fiat remains valid throughout the case, including interlocutory proceedings and appeals, unless expressly revoked by the issuing authority. Jurisdiction to Question:Trial courts lack the jurisdiction to question the validity or lifespan of a properly issued fiat.
Purpose: The fiat covers all legal steps arising directly from the prosecution or defense of the specific case for which it was issued.
Conclusion
If you are a legal practitioner holding a valid fiat for a criminal case, you do not need to seek re-validation or a fresh fiat at every stage of the proceedings unless explicitly required by the Attorney General. Courts have been warned against overstepping their bounds by questioning the authority of counsel acting under a subsisting fiat.
This position helps to ensure continuity and speed in the administration of criminal justice in Nigeria.
Disclaimer:
This post is for general information purposes only and does not constitute legal advice. For advice on your specific situation, please consult a qualified legal practitioner.
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