RESTRAINING A CRIMINAL PROSECUTION:

It is an established doctrine that injunction will not lie to enjoin a criminal prosecution because public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society. However, it is also true that various decisions of this Court have laid down exceptions to this rule, among which are:

a. To afford adequate protection to the constitutional rights of the accused;

b. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions;

c. When there is a pre-judicial question which is sub[-]judice;

d. When the acts of the officer are without or in excess of authority;

e. Where the prosecution is under an invalid law, ordinance or regulation

f. When double jeopardy is clearly apparent;

g. Where the court has no jurisdiction over the offense;

h. Where there is a case of persecution rather than prosecution;

i. Where the charges are manifestly false and motivated by the lust for vengeance;

j. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied; and

[k.] Preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners.

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