‘Uphold constitution to fight corruption’

Renowned constitutional lawyer and Activist, Dame Carol Ajie, in Lagos on Thursday stressed the importance of upholding the rules of code of conduct set out in the constitution. She said “words should be given their ordinary meaning” after addressing two issues regarding the transfer of power of the attorney general to subordinates and the administration […]

Renowned constitutional lawyer and Activist, Dame Carol Ajie, in Lagos on Thursday stressed the importance of upholding the rules of code of conduct set out in the constitution.
She said “words should be given their ordinary meaning” after addressing two issues regarding the transfer of power of the attorney general to subordinates and the administration of tribunals.
She spoke on the concerns at the inaugural law conference at the Nigeria Institute of International Affairs, where the inauguration of Ben Nwabueze Centre for Studies in Constitutional Law and Related Subjects was celebrated as the first Centre for Constitutional Law and related subjects in Nigeria.
One of the issues raised was whether a director in the Federal Ministry of Justice could try or start a criminal prosecution brought to the Code of Conduct Tribunal if the attorney general was absent.
She stated that criminal proceedings should not be expected to end due to lack of an attorney general and that one could not override the laws laid out in the constitution.
She referred to Section 174 (1), which explains that the attorney general, with the exception of a court martial, can initiate, discontinue and assume control over criminal proceedings in any court and against any person in Nigeria.
She further referred to Section 175(2) where the attorney general could authorise officers and lawyers in his department to carry out such duties.
However, in cases where there is no named attorney general sworn into the post of attorney general, she averred that “one cannot seriously argue that a director or other officers in the Federal Ministry of Justice would exercise the AGF’s power to initiate criminal proceedings against anyone,” with the powers bestowed upon the attorney general.
She said criminal proceedings handled in anyway by an attorney general when he leaves office would remain pending and would not come to a complete end in the absence of a replacement of the attorney general.
On whether or not a tribunal can effectively try a criminal case sitting with its chairman and one other member, she said the constitution required three for reasons that it would provide a resolute solution before asking legal practitioners to take the law as it stood.