STATEMENT BY AARE OLUMUYIWA AKINBORO, SAN Past General Secretary, Nigerian Bar Association

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STATEMENT BY AARE OLUMUYIWA AKINBORO, SAN
Past General Secretary, Nigerian Bar Association. 


“THE CONSTITUTIONAL POWERS OF THE ATTORNEY GENERAL MUST BE RESPECTED”

I have taken note of the recent development in which officers of the Anambra State Ministry of Justice, including the Director of Public Prosecution, were invited and released on bail by the Nigeria Police Force following the exercise of the constitutional power of the Attorney General of the State to discontinue criminal proceedings through a nolle prosequi. It is also concerning that an invitation was extended to the Attorney General of the State in this regard.

The Constitution of the Federal Republic of Nigeria, 1999 (as amended), in Section 211, clearly vests the Attorney General of a State with the power to take over, continue, and/or discontinue criminal proceedings at their discretion. This power, once exercised, is not subject to external control or interference by any authority, including the Police, and is not open to judicial review.

Any attempt to investigate or intimidate law officers for performing their constitutional duties constitutes an overreach and undermines the independence of the office of the Attorney General. Such actions, if not checked, pose a significant threat to the rule of law and the proper administration of justice.

I fully support the position of the Nigerian Bar Association, as articulated by its President, Mazi Afam Osigwe SAN, and General Secretary, Dr. Mobolaji Ojibara, calling on the Inspector General of Police to immediately call off this investigation and tender an unreserved apology to the Attorney General of Anambra State and the affected law officers.

The office of the Attorney General must remain insulated from intimidation and undue interference if we are to preserve the independence and integrity of our justice system.

AARE OLUMUYIWA AKINBORO, SAN

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