Department of Public Law

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Browsing Department of Public Law by Subject "Attorney-General"

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    An Appraisal of the Powers of the Attorney-General of the Federation to Prosecute the Violators of the Presidential Order Suspending the Operations of Twitter in Nigeria.
    (Nnamdi Azikwe University Journal of Commercial and Property Law, Faculty of Law, Nnamdi Azikiwe University, Awka, Nigeria, 2021-09-29) Koni, Ifeolu John
    The directive reportedly given to the Director of Public Prosecutions of the Federation (DPPF) to commence the process of prosecuting those who violate the Federal Government’s order suspending the operations of Twitter in Nigeria has brought to the fore again the scope of the powers of the Attorney-General of the Federation (AGF) to control criminal prosecutions in Nigeria. This article examines the legality of this directive in the context of the relevant laws embodying the prosecutorial powers of the Attorney-General. Adopting the doctrinal research approach, the paper takes a look at the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Administration of Criminal Justice Act 2015, and the Police Act 2020 dealing with the control of criminal proceedings by the Attorney-General. The paper finds that while the prosecutorial powers of the AGF are well preserved under section 174 of the 1999 Constitution they can only be validly exercised by him directly or through an officer in his department or any other person or authority when an offence known to law has been committed. It further finds that the Government’s order suspending the operations of Twitter in Nigeria cannot qualify for a written law within the meaning of section 36(12) of the 1999 Constitution. The paper recommends the insulation of the office of the Attorney-General from partisan politics to prevent abuse of powers by an incumbent Attorney-General. To achieve this, the paper suggests the insertion of a clause in the Constitution that will grant security of tenure to the Attorney-General in the same way as judicial officers are shielded under section 291 of the 1999 Constitution from arbitrary removal.