Home Current Issue A REFLECTION ON THE CONSTITUTIONAL POWER OF THE ATTORNEY-GENERAL TO ENTER A NOLLEPROSEQUI IN NIGERIA By Dr. Andrew Ejovwo Abuza

A REFLECTION ON THE CONSTITUTIONAL POWER OF THE ATTORNEY-GENERAL TO ENTER A NOLLEPROSEQUI IN NIGERIA By Dr. Andrew Ejovwo Abuza

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Abstract

The Constitution of the Federal Republic of Nigeria 1999 (as amended) bestows on the Attorney-General the power to enter a nolleprosequi in criminal proceedings. Since the coming into force of the Constitution on 29 May 1999, some Attorneys-General in Nigeria have hidden under the Constitution to discontinue criminal proceedings against persons standing trial in court for serious criminal offences through the exercise of the constitutional power of nolleprosequi  for their selfish interest or political considerations or selfish or vested interest of Nigerian leaders or other interests other than the interest of justice, contrary to section 174(3) or section 211(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). This article reflects on the constitutional power. The research methodology adopted is mainly doctrinal analysis of applicable primary and secondary sources. It is the author’s view that the exercise of the constitutional power above for the selfish interest or political considerations of the Attorney-General is unconstitutional. The author suggests the subjection of the exercise of the constitutional power to the permission of the court in line with the approach in other countries, including the United States of America (USA) and Kenya.

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