By Sylvester Udemezue
This is a grossly ill-advised ultimatum. Does the group not have legal advisers?
The relevant question is, can anyone compel the AG to prosecute anyone for any offence in Nigeria? By virtue of sections 174 and 211, CFRN 1999 and of the supreme court cases of STATE v. Ilori, and Ibrahim v State, when it comes to criminal prosection, the AG is a law unto himself. Accordingly, he has an absolute discretion with regard to (1) whether to prosecute at all; (2) who to prosecute, that’s if he decides to prosecute (3). for what offence, and (4) when. Where a criminal proceeding has already been commenced, the AG has an absolute discretion to decide whether or when to continue or discontinue the case. If he chooses to discontinue a criminal proceeding, irrespective of by whomsoever commenced/instituted, the AG owes no one, not even the court, any apology or explanation. His power to terminate an ongoing criminal proceeding is as absolute, unquestionable as his power to commence, take over and or continue, irrespective of who or what authority instituted the proceedings.
All in all, the AG is answerable to no one and owes no one any explanation whatsoever and howsoever, regarding his decision thereof.
Further, he cannot be compelled by mandamus to exercise his discretion at all or (where he has of his own volition chosen to exercise the discretion) to do so one way or another.
His powers in criminal prosecution are as unquestionable as his discretion is absolute.
Even the President of the Federal Republic of Nigeria lacks powers to compel the AG to activate or exercise the AG’s discretion in this wise.
Sections 174(3) and 211(3) CFRN 1999 which each requires the AG to exercise his powers in criminal prosecution in the public interest, public order and the need to avoid abuse of office, has been held in State v Ilori to be merely ADVISORY, not MANDATORY. The only punishments for an AG who is thought to have misbehaved in exercise of his powers under those sections are (1) public opprobrium/criticisms and or (2) removal by his appointor.
Based on the aforesaid, why issue the AG this useless ultimatum?
Politicians sha!
CAVEAT:
The opinion I offered here is a strictly legal opinion, devoid of politics, and not meant to be any form of support for or opposition to any one or group.
Respectfully,
Sylvester Udemezue (Udems)
(27/11/2022)
