NASS asked to strip AGF power to terminate criminal case against individual

From Fred Ezeh, Abuja

A lawyer, Ikenna Ahumibe, has presented a formal request to members of the National Assembly, particularly the Constitutional Amendment Committee, asking for urgent amendment to sections 174 (1) (c) and 211 (1) (c) of the 1999 Constitution.

He highlighted that the above sections vested prosecutorial powers on the Attorney-General of the Federation and the State Attorneys-General, respectively, which, according to him, had been abused on several occasions for some personal and political gains.

In a letter to the President of the Senate, Godswill Akpabio, Ahumide said the push for the amendment is to limit the powers of the Attorney-General of the Federation and the State Attorneys-General, respectively, as regards outright determination of a continuation or otherwise of a criminal proceedings in any court of law in Nigeria.

Part of the letter read: “The current provisions of the Constitution grant these law officers the discretion to initiate, takeover or discontinue criminal proceedings in any court of law.

“Experience over the past two decades has shown that such powers have frequently been abused, not in furtherance of justice or the public good, but to protect political allies, shield alleged corrupt individuals or settle personal or partisan scores.

“The constitution framers could not have reasonably intended to grant such unbridled discretion to be exercised without sufficient checks and balances, especially in a developing democracy, still grappling with the politicisation of law enforcement.”

He, however, suggested that the National Assembly take cognisance of the need to amend sections 174 (1) (c) and 211 (1) (c) to include clear limitations to the power of discontinuance (nolle prosequi) such that no discontinuance of criminal proceedings shall be done without prior judicial oversight or authorisation by a specially constituted panel of senior legal officers or judges.

“That public interest, justice and accountability must be clearly demonstrated before such powers are exercised; a framework for transparency and reporting should accompany any use of these powers with National Assembly oversight where applicable,” he added.

He was optimistic that such an amendment would preserve the independence of the judiciary, promote public confidence in the prosecutorial process and strengthen Nigeria’s anti-corruption and criminal justice systems.