NBA Blasts Police Overreach in ‘Unlawful’ Probe of Anambra Att-Gen’s Powers

The Nigerian Bar Association (NBA) has strongly condemned the Nigeria Police Force’s investigation of Anambra State’s Attorney General and justice officials over the exercise of prosecutorial powers, calling it “an overreach” and “a brazen assault on the Constitution.”

In a hard-hitting press statement signed by NBA President Mazi Afam Osigwe SAN and General Secretary Dr. Mobolaji Ojibara, the association expressed shock at the Police’s actions regarding the Attorney General’s constitutional power to discontinue criminal cases.

Constitutional Powers Under Fire
The NBA stated: “It is shocking and indeed provocative that the IGP Monitoring Unit of the Nigeria Police invited and released on bail the Director of Public Prosecution and some other law officers in the Ministry of Justice for exercising the power of the State Attorney General to enter a nolle prosequi in respect of a criminal matter.”

The legal body emphasized that such powers granted under Section 211 of the Constitution are absolute, noting: “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.”

Warning Against Dangerous Precedent
The association warned of grave implications, stating: “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.”

The NBA also criticized the practice of summoning state officials to Abuja for investigations, calling it an abuse that “imposes great cost on persons being investigated and puts them to severe hardship and disruption of their daily activities.”

Ultimatum and Legal Action
The statement issued a clear directive: “The Nigerian Bar Association calls on the Inspector General of Police to call off this investigation, as this action is clearly in breach of the Constitution.”

It further warned: “If the invitation and investigation is not called off immediately, the NBA National Litigation Committee, led by Ama Etuwewe, SAN, is hereby directed to provide legal services to these lawyers and also immediately consider taking all legal actions necessary to protect them.”

The NBA concluded with a firm stance: “The office of the Attorney General will never be cowed. No amount of invitation, purported investigation, and/or intimidation will deter the holder of the office and the officers in his/her Ministry from discharging his/her constitutional duties.”

As of press time, the Nigeria Police Force had not responded to the NBA’s demands. Legal experts suggest this confrontation could test the boundaries between police investigative powers and constitutional protections for prosecutorial discretion.