The House of Assembly, Ekiti State at its sitting today Wednesday, 4th August enacted a novel Office of the Attorney-Generals Bill, 2021. This Bill among others, aims to provide for the administration of the Office of the State Attorney-General in furtherance of Section 195 of the Constitution of the Federal Republic of Nigeria,1999 (as amended).
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The Bill provides for the functions and powers of the Attorney-General, the performance of his functions and the establishment of various departments in his office as well as the appointment of Legal Officers to various Ministries, Agencies and Departments in the State.
The Bill identifies the Attorney-General as the Chief Legal Adviser to the State Government saddled with the responsibility of advising the Government at all levels and in all matters of law, legislative enactments and all matters of law referred to him by the State Government and its Ministries, Agencies, Departments, etc and also represent them in all legal proceedings within and outside the State.
The Bill further highlights the various departments in the Office of the Attorney-General and some of their functions. It also confers immunity on the Attorney-General and Legal Officers about any liability that may arise in the discharge of their functions under the Bill. It provides for the recruitment of Legal Officers and issues relating to the appointment and removal from office of the Attorney-General and the Solicitor-General of the State respectively.
In addition, the Bill confers on the Attorney-General the power to issue directives or regulations and also impose an obligation on Government’s Ministries, Agencies & Departments to seek the opinion of the Attorney-General on matters raising substantial legal or constitutional issues at all times.
The Bill identifies the Attorney-General as the depository of Local, National and International legislation, Agreements, Memoranda of Understanding and other documents executed on behalf of the State Government. It confers a right on the Attorney-General to have access to all records and documents relating to Civil and Criminal cases in the performance of hisduties under the Bill.
Finally, the Schedule contains the code of conduct of the Office of the Attorney-General.
According to justice sector stakeholders this bill in many ways provides a legal framework in response to the oft stated concerns about the independence of the office of the Attorney General and the ability of the occupant of the office to give legal advise free from political or external pressures. It will be recalled that in recent times there has been clamor for the separation of the office of Attorney General from that of Minister/Commissioner for Justice. This issue dominated the recent national discussion on constitutional reform.
By this development Ekiti State has continued its trail blazing in proposing novel laws. The State is noted for its progressive laws in area of Gender based violence and the legal protection of women and children.
The Governor of Ekiti State, Dr John Kayode Fayemi is expected to give his assent to the bill next week.
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