ATTORNEY GENERAL’S POWER OF NOLLE PROSEQUI: A RELIC OF COLONIALISM OR A BURDEN TO RULE OF LAW?

Abstract

The office of the Attorney General has assumed a very crucial status in current political and legal settings in Nigeria. To underscore the importance, the office of the Attorney General, is the only ministerial office specifically provided for and its functions well spelt out in the Constitution of the Federal Republic of Nigeria 1999 (As Amended). One of such functions is the Attorney General’s Power to enter a nolle prosequi terminating criminal proceedings against any one standing trial before any Court in Nigeria. The Power of nolle prosequi is one exercised from ancient times in the United Kingdom. This paper traces the historical origin of the office of the Attorney General, exposing the said office as a relic of colonial association. It assesses the excessiveness or otherwise of the powers of the Attorney General to ascertain if such powers are inimical to the democratic principles of the Rule of law and separation of powers. This paper finds that the exercise of the power of nolle prosequi is an undue interference with the powers of the judiciary as a separate arm of government and a violation of the principles of separation of powers. In conclusion, the exercise of the power of nolle prosequi in the manner exercised in the British Monarchical system is unsuitable under our Presidential system which recognises Rule of Law, Separation of powers and Checks and Balances as essential ingredients of governance.