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Reps move to reduce attorney-general’s powers



Attorney-General of the Federation and Minister of Justice, Mohammed Bello Adoke (SAN)The House of Representatives on Wednesday sought to strip the powers vested in the Attorney-General of the Federation to halt or take over any judicial proceedings before a judgment is delivered.

Under Section 174 of the 1999 Constitution (as amended), the Attorney-General is empowered to institute, halt or take over any criminal proceedings initiated by another body.

But, on Wednesday, the House entertained a bill for an Act to amend the provision so as to strip the AGF of such powers.

The amendment required that the AG, in exercising such powers, would now be “subject to an Act of the National Assembly.”

The sponsor of the bill and Minority Leader of the House, Mr. Femi Gbajabiamila, told the House that the “awesome” powers of the AG could interfere with the independence of anti-graft agencies, particularly the Economic and Financial Crimes Commission.

The Action Congress of Nigeria lawmaker from Lagos State added, “The AG as it is today, can also use his powers to direct the EFCC to prosecute whoever they so wish to prosecute.

“We have seen in recent times where the AG or the Presidency had directed the withdrawal of criminals proceedings against certain persons.”
Gbajabiamila explained that the new Act of the National Assembly would provide that the powers of the AG would not apply to cases initiated by the EFCC.

Supporting the bill, Mr. Bimbo Daramola observed that the AG could exercise his powers to the “detriment of the nation” if left unchecked.
Mr. Bitrus Kaze also backed the motion, saying, “We need to keep the absolute powers of the AG in check.”

Two members, Patrick Ikhariale, and Simon Arabo, however, opposed the bill.
A second bill sought to separate the office of the AGF from the Minister of Justice.
Both bills were referred to the Special Ad-Hoc Committee on Constitution Review.

A third bill seeking to subject the removal of the Chairman of the EFCC to a two-thirds majority approval of the Senate was stood down till Wednesday next week.

The presiding Deputy Speaker, Mr. Emeka Ihedioha, referred the matter to the Joint Committee on Rules/Business, Justice and Judiciary to study it and guide the House properly.

Punch
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