HB. 1697-A BILL FOR AN ACT TO AMEND THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 TO PROVIDE FOR SEPARATING THE OFFICES OF THE ATTORNEYGENERAL OF THE FEDERATION, ATTORNEY-GENERAL OF A STATE FROM THE OFFICES OF THE MINISTER OF JUSTICE OF THE FEDERAL GOVERNMENT AND COMMISSIONER FOR JUSTICE OF THE GOVERNMENT OF A STATE AND FOR RELATED MATTERS. Bill Sponsored by Hon. Mansur Manu Soro and Hon. Oluwole Oke. Bill Progress: Committee Stage.
The Bill seeks to alter sections 150(1) and 195(1) of the Constitution to provide for
separating the offices of the Attorney-General of the Federation, Attorney-General of a State from the offices of Minister of the federal government and Commissioner for Justice of a State respectively; to enhance efficiency in the dispensation of criminal justice, safeguard public interest and to deter abuse of legal process in public prosecutions at both the federal and the States levels.
A noteworthy legislative proposal, HB. 1697, is currently before the Nigerian National Assembly, aiming to amend the Constitution of the Federal Republic of Nigeria, 1999. The bill seeks to create a clear distinction between the roles of the Attorney-General of the Federation and the Attorney-General of a state from those of the Minister of Justice at both federal and state levels.
The primary objective of HB. 1697 is to separate the functions of the Attorney-General, who serves as the chief legal officer and possesses prosecutorial powers, from the political responsibilities of the Minister of Justice, a position typically filled by a political appointee within the executive cabinet. This proposed change has arisen from ongoing debates regarding the potential conflicts of interest inherent in the current system, where one individual holds both positions.
The significance of this separation lies in its potential to enhance the integrity and independence of the legal system in Nigeria. With the Attorney-General’s responsibilities closely intertwined with political objectives, there are concerns that this dual role could compromise the impartiality expected in legal proceedings. Advocates of HB. 1697 argue that shielding the Attorney-General from political influences is essential for ensuring fair and unbiased prosecutorial decisions, thereby upholding the rule of law.
Creating an independent office for the Attorney-General could also strengthen public confidence in the justice system, as it would likely diminish the susceptibility of prosecutorial functions to executive pressure. By delineating the roles, proponents believe that accountability will be improved. The Attorney-General would be held specifically responsible for legal and prosecutorial matters, while the Minister of Justice could concentrate on policy development and administrative functions within the justice sector.
Furthermore, separating these roles aligns Nigeria with best practices observed in many democratic nations where such distinctions are enshrined in law to safeguard judicial independence and maintain the integrity of the criminal justice process.
The bill has garnered support from key figures within the National Assembly, with Hon. Mansur Manu Soro and Hon. Oluwole Oke listed as co-sponsors. Their backing underscores the potential impact this legislative change could have on reforming Nigeria’s justice sector.
HB. 1697 represents a significant step towards modifying constitutional provisions concerning the administration of justice and an effort to promote good governance in Nigeria. The proposed amendment is currently undergoing legislative review, and if passed, it may lead to profound changes in how justice is administered at both the federal and state levels.HB. 1697
A BILL FOR AN ACT TO AMEND THE CONSTITUTION OF THE FEDERAL REPUBLIC OF
NIGERIA, 1999 TO PROVIDE FOR SEPARATING THE OFFICES OF THE ATTORNEYGENERAL OF THE FEDERATION, ATTORNEY-GENERAL OF A STATE FROM THE
OFFICES OF THE MINISTER OF JUSTICE OF THE FEDERAL GOVERNMENT AND
COMMISSIONER FOR JUSTICE OF THE GOVERNMENT OF A STATE AND FOR
RELATED MATTERS
The Bill seeks to alter sections 150(1) and 195(1) of the Constitution to provide for
separating the offices of the Attorney-General of the Federation, Attorney-General of a
State from the offices of Minister of the federal government and Commissioner for
Justice of a State respectively; to enhance efficiency in the dispensation of criminal
justice, safeguard public interest and to deter abuse of legal process in public
prosecutions at both the federal and the States levels
