AN EXAMINATION OF THE POWERS OF THE ATTORNEY GENERAL UNDER THE 1999 CONSTITUTION

ABSTRACT

This research examines the powers of the Attorney General under the 1999 Constitution. In the system of Administration of Justice in Nigeria, the Attorney General occupies a prominent position. As the Chief Law Officer and Minister for Justice, the Attorney General exercises a controlling authority in the civil proceedings affecting the government or any of its agencies. For example, no garnishee order affecting public funds in the hand of any public functionary or any corporation or organisation shall be executed without the prior consent of the Attorney General. This research discusses the powers and duties of the Attorney General under the 1999 Constitution of the Federal Republic of Nigeria. It also examines the challenges and issues surrounding the exercise of powers of the Attorney General in Nigeria. The research shows that in criminal cases, the Attorney General as the Chief Law prosecutor for the State has power to institute and undertake, takeover and continue or discontinue any criminal proceeding instituted by him or any other person or authority whatsoever. In the exercise of the aforementioned powers, the Supreme Court of Nigeria had held that the Attorney General is a master unto himself, a law unto himself, and is under no control, judicial or otherwise whatsoever. The exercise of his discretion in that regard is final and irreversible by even his appointer and is subject only to public condemnation in the Court of public opinion. These powers of the Attorney General, which is enshrined in the Constitution of the Federal Republic of Nigeria, 1999, as amended, is the bedrock of the present study. It therefore, recommends an amendment of the Constitution of the Federal Republic of Nigeria.