POWER OF ATTORNEY GENERAL IN A NOLLE PROSEQUI

• Date: 06 February 2019

(1) "The Attorney-General of a State in Nigeria has many powers and duties with regard to criminal proceedings in respect of any offence created by or under any law of the House of Assembly of the State. These powers are clearly spelt out in section 191 of the 1979 Constitution. He may, for example, stop any prosecution under a State Law by entering a nolle prosequi. He need not give any reasons for his decision. All he needed to do when deciding to discontinue any such criminal proceedings at any stage of the proceedings is to "have regard to the public interest, the interest of justice, and the need to prevent abuse of legal process." A number of factors, known to the Attorney-General, must, of necessity, come to his mind when he decides whether to prosecute or not. It may not be in the public interest to disclose any of these. To my knowledge, and presumably for these reasons, the Courts have never sought to interfere with the exercise of that power. That is how it should be, bearing in mind that the Attorney General is the principal law officer of the State coupled with the fact that he should not be subjected to any pressure either by the Executive or by the Courts in the exercise of this enormous power." - Per Fatai-Williams. C.J.N., in The State v. S.O. Ilori & Ors. Suit No. S.C. 42/1982; (1983) 14 N.S.C.C. 69 at 79; 2 S.C. 155 at 156 - 157.

(2) "So completely is the Attorney-General in full control of that power on behalf of the Crown, that, as Cockbun, J. has stated in Reg. v. Allen IX Cox CC. 120, "there is nothing to prevent the Attorney-General entering a nolle prosequi toties quoties The Attorney-General may, therefore, enter the nolle prosequi for as many times as the occasion demands." - Per Aniagolu, J.S.C., in The State v. S.O. Ilori & Ors. Suit No. S.C. 42/1982; (1983) 14 N.S.C.C. 69 at 82; 2 S. C. 155 at 195.

(3) "The pre-eminent and incontestable position of the Attorney-General, under the common law, as the chief law officer of the State, either generally as a legal adviser, or specially in all Court proceedings to which the State is a party, has long been recognised by the Courts. In regard to these powers, and subject only to ultimate control by public opinion and that of Parliament or the Legislature, the Attorney- General has, at common law, been a master unto himself, law unto himself and under no control whatsoever, judicial or otherwise, vis a vis his powers of instituting or discontinuing criminal proceedings. These powers of the Attorney-General are not confined to cases...