An Ikeja High Court has been told that the Lagos State Attorney General has powers under Nigeria’s Constitution to file nolle prosequi for cases it wanted to discontinue prosecution. The Director, Directorate of Public Prosecution (DPP) Ayo Shitta–Bay said this while defending Attorney General’s powers before Justice Owolabi Dabiri. The DPP was the lead defence counsel in a matter instituted by the Incorporated Trustees of Laws and Rights Awareness Initiative (ITLRAI), challenging the State Attorney-General’s powers, Mr.Adeniji Kazeem to file nolle prosequi in a matter involving two Indian businessmen, Messrs Deepak Khilnan and Sushil Chandra. The ITLRAI had sued the AG for stopping the trial of the two businessmen through their counsel, Mr. Olumide Babalola. The group had sought an injunction to restrain the defendants and his officers from further exercising the powers given under Section 211(1)(c) of the Constitution. But the DPP, in her response argued that both under the Constitution and with the support of the Administration of Criminal Justice Law (ACJL), the Attorney– General has the power to withdraw the matter. She further argued that events leading to the decision to file a nolle prosequi by the AG was taken in the overall public interest and with consideration for justice. According to her, the police had re-investigated the case and opined that the action was civil in nature and after a detailed assessment of the case file by the AG and exercising this under the Constitution, the power to prosecute or not to prosecute, to continue with the case or not, the AG filed a nolle prosequi. Justice Dabiri has adjourned the matter till March 29 for ruling.]]>
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