By Suleiman Anyalewechi
The Nigerian Bar Association, NBA, has warned against any attempt by the Nigeria Police Force to meddle into the prosecutorial powers of the office of the Attorney General.
The cautionary note is coming in the face of the Police decision to investigate the Anambra State Attorney General and Commissioner for Justice and his team over their decision to withdraw an ongoing criminal proceedings in Court.
The Source reports that the Inspector General’s monitoring unit had recently invited the Anambra State Director of Public Prosecution DPP, and other legal officials of the State Ministry of Justice, following their decision to withdraw an ongoing criminal case.
But the NBA described the invitation, which was later also extended to the Attorney General, as a reckless disregard for the rule of law ,and the principle of separation of powers.
In a statement issued by its National President, Afam Osigwe on Wednesday August 6,2025, the umbrella body of legal practitioners in the country, while condemning the action of the Police, also described it as “unconstitutional and abuse of the principle of separation of powers.”
According to him, such action by the Police represents a serious threat to the prosecutorial powers of the Attorney General and rule of law.
“This is a brazen assault on the legal profession, and an affront to the constitution of the Federal Republic of Nigeria.
“The Police need not be educated, or reminded, that they cannot question the Attorney General’s decision to exercise the power of nolie prosequi (power to withraw a case).
This power is not even subject to judicial review or questioning by other authorities, including the Police.
“Session 211 of the 1999 Constitution empowers the Attorney General to take over, continue, or discontinue criminal proceedings in a State Court, and that no other agency, including the Police has oversight on such decisions.
” We fear that if this is allowed to happen, the Police may, one day purport to have the power to investigate a judicial officer for delivering judgments”, Osigwe stated.
While dismissing the practice of summoning state legal officials to Abuja for questioning for performing their constitutionally assigned roles , the NBA urged the IGP, as a matter of urgent necessity, to withdraw the said invitation to the Anambra State Legal Officials.
He, also, demanded a public apology to the affected legal officials.
Osigwe also strongly condemned the practice of summoning State Legal Officials to Abuja in the course of investigation by the Police, describing the system as not only burdensome and abusive, but also potently disruptive.
According to the NBA President, the practice of inviting state officials for investigations also tantamount to a tacit vote of no confidence on the abilities of officers of State Police Commands to carry out such duties .
“This mode of investigation which is usually abused, imposes great cost on persons being investigated and put them to severe hardship and disruption of their daily activities . It must be reviewed”, the NBA president asserted
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