DISCRETIONARY POWERS OF THE ATTORNEY GENERAL: WHETHER OR NOT A CLOG IN THE WHEEL OF JUSTICE DELIVERY IN NIGERIA

Abstract

The powers of the Attorney General to prosecution of criminal offences are constitutionally guaranteed under the Constitution of Federal Republic of Nigeria, 1999 (as amended). Both Attorney General of the Federation and that of various state governments can exercise the powers to commence, take over and terminate criminal proceedings in respect of federal offences and state offences respectively. While exercising such power, the respective Attorney’s General are also empowered to use their discretions in the interest of justice to achieve the delivery of justice. This article shall examine whether or not the powers of public prosecution as contained under the Nigerian Constitution, especially the word ‘discretion’ created in the Constitution is not capable of allowing the Attorney General to prevent the realization of justice and consider the controversy generated by the inclusion of the word discretion in the Constitution. The article concludes by making recommendations on the best way out of the legal quagmire.