A few days ago, some respected Igbo elders visited President Muhammadu Buhari at Aso Villa in Abuja....CONTINUE READING
The Igbo elders requested the unconditional release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, from President Buhari during the visit.
Buhari said the demand is heavy, adding that it is against the principle of separation of power between the legislature, executive and judiciary entrenched in the constitution. However, the president said he would consider the request.
However, there is a section of the 1999 Nigerian constitution that grants the Attorney General of the Federation and Minister for Justice, Abubakar Malami, the power to discontinue Nnamdi Kanu’s trial in court.
The Attorney General is the chief law officer of the country. His powers are stated in the constitution.
Section 174 (1) C granted Malami the power to discontinue any criminal case against anyone at any stage in court.
The constitution says, “the Attorney-General of the Federation shall have power to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.”
The section of the constitution also granted him the power to take over any criminal proceedings in the court.
According to the constitution, the position of Attorney General is very powerful.
Constitutionally, Malami has the power to discontinue Kanu’s trial in court.
The office of the Attorney General has withdrawn many criminal proceedings in court in the past.
In July 2019, the office of the attorney general withdrew a corruption case against Danjuma Gone, the former governor of Gombe State, before the Federal High Court in Jos.
While section 175 of the constitution grants the president the power to pardon any convicted criminal, section 174 empowers the attorney general to discontinue any criminal proceedings.
