The Constitutional Paradox of the Attorney-General in Nigeria: Reconciling Political Accountability with Prosecutorial Independence

Abstract

The office of the Attorney-General occupies a unique constitutional position in Nigeria, serving simultaneously as the chief law officer of the Federation or a State and a political appointee within the executive branch. This dual character has generated persistent tensions between the demands of political accountability and the imperative of prosecutorial independence, particularly in the exercise of the Attorney-General’s constitutional powers to institute, undertake, take over, and discontinue criminal proceedings. While political accountability ensures democratic oversight of executive action, the broad prosecutorial discretion vested in the Attorney-General raises concerns regarding selective prosecution, abuse of process, and executive interference in the administration of criminal justice. This chapter critically examines the constitutional and jurisprudential foundations of the Attorney-General’s office in Nigeria, interrogating the extent to which its current institutional design adequately safeguards the rule of law and the impartial administration of justice. Drawing on constitutional provisions, judicial decisions, comparative perspectives from selected common law jurisdictions, and established principles of prosecutorial independence, the chapter argues that the constitutional fusion of political and prosecutorial functions creates an inherent paradox that has undermined public confidence in the criminal justice system. It contends that while complete insulation of the Attorney- General from political oversight may neither be feasible nor constitutionally desirable, clearer legal safeguards and institutional reforms are necessary to reconcile democratic accountability with the independence required for fair and impartial prosecution. The chapter concludes by proposing reforms aimed at strengthening prosecutorial autonomy while preserving legitimate mechanisms of constitutional and democratic accountability, thereby promoting greater integrity, transparency, and public trust in Nigeria's criminal justice system.