Powers of the Attorney General Flashcards

A set of practice questions covering the delegation and statutory powers of the Attorney General under the Constitution of the Federal Republic of Nigeria (CFRN).

Under which sections of the CFRN are the powers of the Attorney General (AG) delegable?

Sections 174(1) and 211(1).

To which entities can the Attorney General delegate his powers?

Officers in his department, a person, or security authorities like the police or EFCC.

What legal maxim is the AG's delegation subject to under Section 211(2) of the CFRN?

delegatus non potest delegari, meaning 'he who is delegated has no power to delegate.'

Which case is cited regarding the rule of delegatus non potest delegari in the context of the AG's delegation?

Controller of Prisons versus Adekanyere.

What is the AG's power regarding the institution of criminal proceedings?

The AG has the power to institute and undertake criminal proceedings in any court other than a court martial.

Which sections of the CFRN grant the AG unfettered power to undertake criminal proceedings?

Section 174(1)(a) and Section 211(1)(a).

According to 'Akpa versus the State', can the AG's power to prosecute be restricted?

No, the power cannot be whittled down by an injunctive relief; doing so is considered judicial sacrilege or a judicial taboo.

Which case established that a restraining order preventing the AG from prosecuting a suspect is a judicial taboo?

AG Anambra versus Chief Chris Uba.

Can officers in the AG's department institute proceedings without an incumbent Attorney General?

No, under Section 174(2) and Section 211(2), the office must be filled before officers can institute or take up the delegation process, as seen in 'Sarki versus FRN'.

What is the second major power of the Attorney General regarding criminal proceedings?

The power to take over and continue criminal proceedings from any authority or person, such as the EFCC, ICPC, or NDLEA.

According to 'Amaefule versus the State', what is a prerequisite for the AG to take over a case?

The matter must have already commenced.

Can the power to take over and continue proceedings be exercised without an incumbent AG?

Yes, the power can be exercised without an incumbent AG, as cited in 'Amaefule versus the State'.

What are the three exceptions where the AG might use the rarely exercised power to take over proceedings?

1. When a petition cites bias against the prosecuting authority; 2. Lack of diligent prosecution; 3. When there is an overriding interest of justice.

What is the third power of the AG regarding criminal proceedings?

The power to discontinue criminal proceedings in any court before judgment, known as nolle prosequi.

Does the AG need the court's permission or reasons to enter a nolle prosequi?

No, the AG does not need leave of court nor is he obliged to give reasons, as established in 'Ezomo versus AG Bendel State'.

When is the power of nolle prosequi no longer effective?

It can be exercised at any time before judgment, but it cannot be exercised on appeal.

What was the holding in 'State versus Ilori' regarding the power of nolle prosequi?

The power cannot be challenged by any person, authority, or the court itself.