CICERO/report
Vanessa Obioha writes that the sheer incompetence and docility of the Attorney-General of the Federation and those in the states to vigorously prosecute suspected perpetrators of heinous crimes is helping to aid the insecurity, and general lawlessness in the country
It is not in doubt that of all the cabinet portfolios in the country, whether at the federal or state level, the position of attorney-general is the most powerful. The Attorney-General of the Federation (AGF) and Minister of Justice, as well as the Attorney-General and Commissioner 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.”
Subsection 2 states that “the power conferred upon the AGF under subsection 1 of this section may be exercised by him in person or through officers of his department.
Subsection 3 states that: “In exercising his powers under this section, 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 equally 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.”
Also, Section 211(1) states that the attorney-general of a state shall have powers “(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.”
Subsection 2 states that “the power conferred upon the attorney-general of a state under subsection 1 of this section may be exercised by him in person or through officers of his department.
While subsection 3 states that: “In exercising his powers under this section, 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.”
It is believed that in spite of these recognitions and the powers conferred on the occupants of these offices, they do not know what it takes to occupy such offices.
Many observers believe that one of the reasons why there are so much heinous crimes such as killings, kidnappings and other forms of lawlessness in the country today is because the AGF and state AGs are incompetent.
Almost on a daily basis, people are being killed, kidnapped, maimed and properties worth billions of naira destroyed with the AGF or state AGs not knowing that prosecuting the suspects could help bring the situation under control. Nigeria has literally been turned into a jungle where people can be hacked to death without any consequences to the perpetrators of such heinous crimes.
While many analysts have acknowledged that the security agencies have failed to demonstrate adequate capacity to quell the high rate of criminality in the country, they are even more confused why the AGs who are supposed to complement them should equally fail.
Currently, while the country has federal laws against terrorism, almost all the states have laws against murders, killings and kidnappings yet these crimes thrive like stocks due to the incompetence of the AGs.
Apart from a few AGFs and Lagos State in particular where successive attorneys-general since 1999 have vigorously pursued and initiated reforms aimed at sanitising the state justice system, others have practically been docile.
Many have observed that gone are the days when AGs at the federal or state levels are seen fully roped and ready to prosecute important cases in courts. What Nigerians see these days are AGs who are merely interested in the pecks and glamour of their offices. A majority of them have simply turned themselves to errands boys who run dirty deals for themselves, presidents, governors and government officials.
In Nigeria, 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 are within the purview of the state AGs to vigorously prosecute and pursued. But most times, these officers have abdicated their responsibilities due to incompetence.
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, that argument had long been faulted by Justice Christopher Balogun of the Lagos High Court who in a recent 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 Court of Appeal, the judge submitted that since the power of the police is discretionary, the state AG can file criminal charges against anybody in a state court of law.
Even though many observer believe that the incumbent Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN) himself has displayed docility in prosecuting federal crimes, in 2016 he gave fiat to each state Attorneys-General to prosecute all criminal suspects who commit federal offences in all the states of the federation. This, unfortunately, has not recorded any positive impact.
It is perhaps consequent upon this verdict that a human rights lawyer, Mr. Femi Falana (SAN), in a statement issued last Sunday said it is the failure of both federal and state governments to prosecute suspected insurgents, bandits, killer-herdsmen and murder suspects that have emboldened them to carry out more attacks.
Falana, who is also the interim Chairman of Alliance for Surviving COVID-19 and Beyond (ASCAB), argued that it is the constitutional responsibility of the federal and state governments to protect the lives and property of the people. He argued that the failure to do so has compelled a number of parents to negotiate with terrorists and pay ransom running into hundreds of millions of Naira to secure the release of their abducted children.
He said for the federal and state governments to successfully fight insecurity, it much charge all suspects indicted for terrorism, culpable homicide, kidnapping, armed robbery and other violent crimes before appropriate courts.
“Since the Boko Haram war began 12 years ago, terrorists have attacked the United Nations Headquarters Office in Abuja; Nigeria Police Force Headquarters in Abuja as well as police stations and Correctional Centres in some states.
“Apart from the destruction of public property, the terrorists killed scores of people and injured many others during the violent attacks. But as the criminal gangs who carried out the dastardly acts were not apprehended and prosecuted they have become emboldened to the extent of attacking military institutions.
“However, ASCAB is sad to note that the federal government has refused to prosecute the sponsors of terrorists who were recently arrested and interrogated by the State Security Service,” it said.
“In particular, the office of the Attorney-General of the Federation announced in April this year that arrangements had been concluded for the arraignment of 400 sponsors of terrorists and 800 terror suspects at the Federal High Court. But for reasons best known to the federal government the arrested sponsors of terrorism and terror suspects have not been charged with terrorism and allied offences before any court. Other sponsors of terrorism including a few traditional rulers indicted by some state governments have not been brought to book for their alleged involvement in the nefarious enterprise.
“In the same vein, the majority of criminal elements arrested for taking part in the kidnapping, armed robbery and extrajudicial killing of unarmed citizens in all the states of the federation have not been prosecuted by the attorneys-general of the respective states.
“It is such official impunity that has accentuated the violent attacks on innocent people by the so-called bandits and unknown gunmen. In many instances, the suspects were arrested and paraded by the police and other law enforcement agencies but released to continue their criminal activities.
“For instance, the police and the army have arrested members of the criminal gang that recently killed 22 travellers in Jos, Plateau State. But up till now, the suspects have not been charged with conspiracy and culpable homicide before the High Court of Plateau State.
“ASCAB recalls that sometime in 2016, the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), gave fiat to each State Attorney-General to prosecute all criminal suspects who commit federal offences in all the States of the Federation.
“It is on record that the state Attorneys-General have not deemed it fit to prosecute the several criminal suspects arrested, detained and paraded by the police for terrorism and illegal possession of firearms including AK-47 rifles.”
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