Nolle Prosequi: NBA slams police for investigating Anambra AG, demands immediate apology

Abuja – The Nigerian Bar Association (NBA) has strongly condemned the Nigeria Police Force for what it describes as an unconstitutional and provocative attempt to investigate the Attorney General of Anambra State and senior law officers over the lawful exercise of prosecutorial discretion.

In a statement jointly signed by NBA President, Mazi Afam Osigwe, SAN, and General Secretary, Dr. Mobolaji Ojibara, the association expressed outrage over the actions of the IGP Monitoring Unit, which invited and later released on bail the Director of Public Prosecution (DPP) and others for acting on the Attorney General’s directive to withdraw a criminal matter through nolle prosequi.

The NBA described the move as a brazen assault on the Constitution, stressing that Section 211 of the 1999 Constitution empowers the Attorney General of a state to take over, continue, or discontinue any criminal proceedings in the state courts — a prerogative that cannot be reviewed, questioned, or investigated by the Police or any other authority.

“The Police need not be reminded that they cannot question the Attorney General’s decision to enter a nolle prosequi. This power is not subject to judicial review or to questioning by any agency, including the Police,” the NBA said.

The association warned that if left unchecked, the Police could one day presume the authority to investigate judges for delivering judgments, an act it said would be catastrophic for Nigeria’s constitutional democracy.

The Police reportedly extended a similar invitation to the Attorney General of Anambra State, further escalating tensions and prompting the NBA to call for an immediate halt to the investigation and a public apology to the affected officials.

“The office of the Attorney General will never be cowed. No amount of invitation, investigation, or intimidation will deter law officers from discharging their constitutional duties,” the statement read.

The NBA also questioned why the law officers were summoned to Abuja for a matter rooted in Anambra State, saying such centralised investigative practices undermine the credibility of local policing structures, disrupt lives, and increase unnecessary costs for innocent citizens.

Asserting that this case marks a critical moment for the legal profession, the NBA called on the Inspector General of Police to immediately call off the investigation and for the Bar to stand united in protecting its members from harassment and executive overreach.

In response, the NBA National Litigation Committee, chaired by Ama Etuwewe, SAN, has been directed to provide legal representation to the affected lawyers and explore all legal avenues to protect their fundamental human rights and the constitutional prerogatives of the Attorney General.

The statement concluded with a renewed call for reforms in Nigeria’s policing and prosecutorial practices, and a firm resolve to ensure that no arm of government or law enforcement undermines the rule of law.

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