Senior Advocate of Nigeria (SAN), Dr. Monday Ubani, has called for strict adherence to constitutional provisions governing the powers of the Attorney-General (AG) in criminal prosecutions, warning against misinterpretations and overreach by other authorities.
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In a statement issued on Monday, Ubani noted that while the 1999 Constitution grants the AG extensive prosecutorial powers, these must be exercised in the public interest, in accordance with the rule of law, and without abuse.
Citing Section 211 of the Constitution, Ubani outlined the AG’s powers to institute, take over, or discontinue criminal proceedings — powers exercisable exclusively by the AG or officers in their department. However, he stressed that Section 174(3), which applies to state AGs, explicitly mandates that these powers be guided by the public interest, the interest of justice, and the need to prevent abuse of legal process.
Quoting the Supreme Court’s decision in State v. Ilori (1983), Ubani explained that the AG’s discretion is quasi-judicial and ordinarily beyond interference, except in cases of bad faith, corruption, or abuse of process. “The AG’s authority is wide, but not a carte blanche,” he said.
Addressing a recent incident involving the police and the Attorney-General of Anambra State, Ubani condemned attempts by the Inspector-General’s office to “arrest or intimidate” the AG over the exercise of nolle prosequi powers.
“There is nowhere in the Constitution that authorises the police to review the AG’s decision to discontinue a case. If there will be a review, it is the judiciary — not the police — that has that responsibility. This attempt is an aberration and a derogation of the grundnorm,” Ubani stated.
He urged lawyers and commentators to base public statements on the law’s clear provisions, avoiding misinformation or actions that could undermine constitutional safeguards.
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