In a strongly worded statement released today, the Nigerian Bar Association (NBA) has decried what it describes as an unconstitutional overreach by the Nigeria Police Force in investigating the Attorney General of Anambra State and other law officers over their lawful exercise of prosecutorial discretion.
The NBA expressed outrage over the recent actions of the Inspector General of Police’s Monitoring Unit, which reportedly invited and released on bail the Director of Public Prosecution and several officials of the Anambra State Ministry of Justice. Their supposed offence was exercising the Attorney General’s constitutional power to enter a nolle prosequi—a legal decision to discontinue criminal proceedings.
According to the NBA, the Police have also extended an invitation to the Attorney General of the state, further escalating what the legal body described as “a brazen assault on the Constitution and the office of the Attorney General.”
Citing Section 211 of the 1999 Constitution, the NBA emphasized that the powers of the Attorney General to take over, continue, or discontinue criminal matters are not subject to review by any authority, including the Police. The association demanded that the Police immediately cease all invitations and investigations relating to the matter and issue an unreserved apology to the affected law officers.
The association also criticized the practice of summoning state officials to Abuja for matters that can be handled within their local jurisdictions, describing it as an abuse of the policing and investigative model that imposes unnecessary hardship.
The NBA urged the Inspector General of Police to withdraw the investigation, warning that such actions not only violate the Constitution but also endanger Nigeria’s democracy.
In a decisive move, the NBA’s National Litigation Committee, led by Senior Advocate of Nigeria Ama Etuwewe, has been directed to offer legal support to the affected officers and to explore all legal remedies to protect their fundamental rights and professional independence.
The statement, jointly signed by NBA President Mazi Afam Osigwe, SAN, and General Secretary Dr. Mobolaji Ojibara, called on the legal profession to remain vigilant and assertive in defending the rule of law.
A copy of the statement is attached here under.
