The sheer incompetence and docility of state Attorneys-General in vigorously prosecuting suspected perpetrators of heinous crimes have continued to fuel insecurity and lawlessness across the country, further justifying the designation of Nigeria as a Country of Particular Concern, by the United States President Donald Trump, writes Davidson Iriekpen
It is a fact that of all the cabinet portfolios in the country, whether at the federal or state level, the Attorney-General of the Federation (AGF) and Minister of Justice, as well as the Attorneys-General and Commissioners for Justice at the state level, are the only ones recognised by the 1999 Constitution.
For instance, while Section 151 (1) of the 1999 Constitution specifically states: “There shall be an AGF who shall be the chief law officer of the federation and a minister of the government of the federation, sub-section 2 of the statute book specifically defines the qualifications or criteria for the occupant of the office.
Section 174(1) goes ahead to state that the AGF shall have powers to “(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly; (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.”
The relevant subsection also stipulates that in exercising his powers, the AGF shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.
While the powers of the AGF cover the entire federation, those of the state attorneys-general are limited to their respective states. For instance, Section 195 (1 and 2) of the Constitution states thus: “There shall be an attorney-general of a state who shall be the chief law officer of the state and a commissioner for justice of the government of that state.”
Section 211(1) defines the powers vested on state attorneys-general which include the power “(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any law of the House of Assembly; (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; (c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.”
The power conferred upon the Attorney-General of a state, according to subsection 2, may be exercised by him in person or through officers of his department.
Like the AGF, in exercising his powers as stated in subsection 3, the attorney-general of a state shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.
In spite of these recognitions and the powers conferred on the occupants of these offices, many have demonstrated lack of capacity to meet the demands of the office.
Many observers believe that one of the reasons why there are so many heinous crimes, such as culpable homicide, kidnappings and other forms of lawlessness in the country is because the AGF and state AGs have abdicated their responsibilities.
Almost daily, Nigerians are being killed, kidnapped, or maimed, while properties worth billions of naira are destroyed. Yet the AGF and state AGs ignored the fact that prosecuting suspects could help stem the tide, restore order, and rebuild public trust in the rule of law.
One of the reasons why the United States President, Mr. Donald Trump, designated Nigeria a Country of Particular Concern or threatened to intervene in the killings of Christians, is due to the consistent failure to prosecute the terrorists perpetrating these crimes and their sponsors.
Currently, the country has federal and state laws against terrorism, murders, culpable homicides and kidnappings, yet these crimes thrive like stocks due to the incompetence of the AGs.
Apart from Lagos State where successive attorneys-general since 1999 have vigorously pursued and initiated reforms aimed at sanitising the state justice system, others have practically been docile.
Gone are the days when AGs at the federal or state levels are seen as fully equipped and ready to prosecute important cases in courts. A majority of them have simply turned themselves into errand boys who are only interested in prosecuting political opponents and critics of government, while violent criminals who are the real enemies of the state walk freely.
In Nigeria, the prosecution of suspects for offences such as murder, manslaughter, kidnapping, theft and other basic crimes, such as traffic offences, to create sanity in the country is within the purview of the state AGs to vigorously pursue. But these officers have abdicated their responsibilities.
Though many state AGs have argued that they do not always have the cooperation of the police, a federal agency, to investigate and prosecute criminal cases in their states, this argument had long been faulted by Justice Christopher Balogun of the Lagos High Court who in a ruling in the case between the People of Lagos State vs Ndi Okereke-Onyuike, held that the attorneys-general of the state do not need police investigation to prosecute criminal cases.
In the ruling, which was upheld by the Lagos Division of the Court of Appeal, the judge submitted that since the power of the police is discretionary, the state AG can file criminal charges against anybody at a state court of law.
In 2016, despite the docility and nonchalance of the then Attorney-General of the Federation and Minister of Justice, including the incumbent, Mr. Abubakar Malami (SAN), in prosecuting federal crimes, he, nonetheless, granted fiats to state Attorneys-General to prosecute suspects accused of federal offences within their jurisdictions. Unfortunately, that directive has yielded little to no tangible results.
It is perhaps consequent upon this verdict that a human rights lawyer, Mr. Femi Falana (SAN), recently said it is the failure of both federal and state governments to prosecute suspected terrorists, bandits, killer-herdsmen and murder suspects that have emboldened them to carry out more attacks.
While condemning Trump’s “false and reckless” statement, Falana said Nigeria must not deflect from the deeper issue, the government’s failure to secure its citizens.”
He argued that it is the constitutional responsibility of the federal and state governments to protect the lives and property of the people, adding that the failure to do so had compelled several parents to negotiate with terrorists and pay hefty ransoms to secure the release of their abducted children and loved ones.
“Crimes like murder, kidnapping, and armed robbery are state offences. Terrorism is a federal crime, but since 2016, the Attorney-General of the Federation has empowered state Attorneys-General to prosecute terror cases. Yet, where are the results?” Falana asked.
