NBA faults police for probing Anambra AG over withdrawal of criminal case

The Nigerian Bar Association (NBA) has condemned the Nigeria Police Force for investigating the Anambra state attorney-general and his team over the decision to withdraw criminal charges in court.

A statement on Wednesday by Afam Osigwe, the NBA president, described the police action as an “unconstitutional attempt” to interfere with prosecutorial powers and warned that it threatens the rule of law.

“This is a brazen assault on the legal profession and an affront to the Constitution of the Federal Republic of Nigeria,” Osigwe said.

The IGP monitoring unit had reportedly summoned the state’s director of public prosecution (DPP) and other officials after they exercised the attorney-general’s constitutional right to discontinue a case by entering a nolle prosequi — a formal notice of withdrawal.

Osigwe said the invitation extended to the attorney-general himself reflected “reckless disregard” for the law and the separation of powers.

“The police need not be educated or reminded that they cannot question the attorney general’s decision to exercise the power of nolle prosequi. This power is not even subject to judicial review or questioning by other authorities, including the police,” the NBA president said.

Citing section 211 of the 1999 constitution, he said only the attorney-general has the authority to take over, continue, or discontinue criminal proceedings in a state court — and that no other agency, including the police, has oversight on such decisions.

The NBA warned that allowing such police interference could set a dangerous precedent.

“We fear that if this is allowed to happen, the police may one day purport to have the power to investigate a judicial officer for delivering judgments,” Osigwe said.

The association urged Kayode Egbetokun, the inspector-general of police to withdraw the invitations and issue a public apology to the affected law officers.

Beyond the constitutional concerns, the NBA also criticised the practice of summoning state officials to Abuja for questioning.

Osigwe called it “a burdensome and abusive mode of investigation” that disrupts officials’ duties and imposes unnecessary costs.

“This not only suggests that the divisions or the police in a state may not be competent to investigate matters within their jurisdiction, or cannot be trusted to do a good or thorough job,” Osigwe said.

“This mode of investigation, which is usually abused, imposes great cost on persons being investigated and puts them to severe hardship and disruption of their daily activities. It must be reviewed.”

The NBA said its national litigation committee, led by Ama Etuwewe, a senior advocate of Nigeria (SAN), has been instructed to defend the affected officials and initiate legal action if necessary.

“This is a wake-up call for the Bar to demand adequate protection for lawyers against abuses in the course of their work,” Osigwe added.