LEGAL OPINIONS

Why Attorneys-General Powers Need To Be Curtailed In Nigeria

The office of Attorneys-General are vested with powers relating to criminal offense to discontinue or continue the criminal trial by the virtue of section 174 of the 1999 Constitution of the Federal Republic of Nigeria.

This is critical situation that deals with punishment of offenders, not just justice for the appellant only but for the society which has been disturbed by the criminal act complained of, as rightly said by Oputa JSC ( of the blessed memory) in Josiah vs The State (1985) 1 NWLR (pt. 1) p. 125.

The powers vested on Attorneys-General pertaining to criminal trial are excessive, when it lacks checkmating, it is absolute powers which can change one’s character just an interval.

The ministry of justice is believe to the ministers in temple of Justice, but when this power is over stretched the holders of this power can violate fundamental aspects of citizens’ lives.

For the fact the Attorneys-General don’t give their opinions and views why they discontinue a criminal trial lacks all the ingredients of democratic institutions, it adopts all the features of tyrannical rule.

Section 211 of the 1999 Constitution of the Federal Republic of Nigeria empower them more to act on this basics, a criminal trial is term to be indispensable for many reasons, and such interference by the power vested on Attorneys-General will ruin any chances of justice.

In a highly political Nation, Attorneys-General might trade justice with his ambitions, helping his allies to get away with important case, denying justice where it matters the most.

This calls for proper review of this, Attorneys-General are presumed to be working in temple of Justice for proper administration, when this power is not checkmated you’re giving room for vices, they should be proper construction of that part of the Constitution, the judges are there to administer justice, they should be allowed to do their job effectively.

For effective administration of the justice, powers need to be circulated. Sometimes the Attorneys-General go wide outside their shell, extending pleasure to politicians in exchange for something.

Justice is now treated with contempt, when you talk about justice it is about the last hope of ordinary man in the country. Justice is now on auction, the highest bidder takes it all by himself.

Anthony Emmanuel Network

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