*Orders NBA Legal Team to Intervene
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President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has condemned the recent move by the Nigeria Police Force to investigate the Attorney General of Anambra State over the exercise of constitutional powers to discontinue a criminal case, describing it as a brazen overreach and an assault on the Constitution.
In a strongly worded statement issued on Wednesday, Osigwe said the invitation and purported investigation of the Attorney General, the Director of Public Prosecution, and other officers of the Anambra State Ministry of Justice by the Inspector General of Police’s Monitoring Unit represents “a new low” in disregard for constitutional authority.
“It is shocking and indeed provocative that the IGP Monitoring Unit invited and released on bail the Director of Public Prosecution and some law officers for exercising the power of the Attorney General to enter a nolle prosequi,” he said. “Now, the AG himself has been invited in furtherance of this constitutional violation.”
Osigwe stressed that the power of an Attorney General to discontinue criminal proceedings is guaranteed under Section 211 of the 1999 Constitution and is not subject to judicial review or interference by any authority, including the Police.
“This prerogative power is not up for debate,” he asserted. “We will not sit idly by while the Police overreach themselves and trample on the Constitution. If this precedent is allowed, what stops the Police from purporting to investigate a judge for delivering judgment tomorrow?”
The NBA President demanded that the Police immediately withdraw the invitation and investigation, issue an unreserved apology to the affected law officers, and halt any further encroachment on the powers of the Attorney General.
He also questioned the wisdom of summoning state law officers to Abuja for matters that should be handled at the state level, saying the practice reflects “a flawed and abused investigative model” that causes undue hardship to those involved.
“This mode of investigation undermines local police structures and places unnecessary financial and emotional burdens on innocent individuals,” he said.
To counter what he described as executive recklessness, Osigwe directed the NBA National Litigation Committee, led by Ama Etuwewe, SAN, to offer legal representation to the affected officials and consider all necessary actions to protect them and the sanctity of the Attorney General’s office.
“This incident is a wake-up call. The Bar must rise to protect its members from job hazards, abuse, and intimidation. If the investigation is not called off immediately, the NBA will not hesitate to act decisively,” he warned.
NBA PRESS RELEASE AUGUST 6The Association called on the Inspector General of Police to immediately terminate the investigation and respect the constitutional boundaries that safeguard Nigeria’s democracy and rule of law.
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