Our Reporter, Abuja
The Nigerian Bar Association (NBA) has strongly condemned what it described as an unconstitutional overreach by the Nigeria Police Force in its ongoing attempt to investigate the Attorney General of Anambra State for exercising her constitutional authority.
In a statement released on Wednesday, NBA President, Mazi Afam Osigwe, SAN, and General Secretary, Dr. Mobolaji Ojibara, criticized the police for inviting and subsequently granting bail to the Director of Public Prosecution and other law officers from the Anambra State Ministry of Justice. The officers were targeted over their implementation of a nolle prosequi—a constitutional mechanism under Section 211 of the 1999 Constitution that empowers the Attorney General to discontinue criminal proceedings.
The situation escalated when the police extended a formal invitation to the Attorney General herself, an action the NBA described as a “brazen assault on the Constitution” and a threat to Nigeria’s democratic institutions.
“It is an overreach for the police to purport to have the power to investigate an Attorney General for discontinuing a criminal matter,” the statement read.
The NBA emphasized that this prosecutorial discretion is absolute and not subject to review or interference by any other authority, including the police.
“The Police need not be educated or reminded that they cannot question the Attorney General’s decision to exercise the power of nolle prosequi. This power is not even subject to judicial review or questioning by other authorities, including the Police. This prerogative power of the Attorney General is spelt out in Section 211 of the Constitution of the Federal Republic of Nigeria,” the statement said.
Decrying what it called a growing trend of executive lawlessness, the association warned that if unchecked, this type of overreach could lead to attempts to investigate judges for issuing rulings.
“The office of the Attorney General will never be cowed,” the NBA declared, affirming that no amount of intimidation would deter legal officers from carrying out their constitutional mandates.
The association called on the Inspector General of Police to immediately halt the investigation and issue an unreserved public apology to the Attorney General and the affected officers.
It also condemned the police practice of compelling state officials to travel to Abuja for interrogation, describing it as abusive, disruptive, and in urgent need of reform.
NBA further directed its National Litigation Committee, chaired by Ama Etuwewe, SAN, to provide legal representation to the affected officers and explore all avenues to protect their fundamental rights. The association also demanded disciplinary action against police officers involved in the matter, warning of further steps if the issue is not promptly resolved.
