THE House of Representatives on Tuesday passed to second reading, a Bill seeking for the separation of the office of the Attorney-General of the Federal (AGF) and Minister of Justice.
The Bill, titled “An Act to alter the Constitution of the Federal Republic of Nigeria, 1999, to introduce the Office of the Attorney-General of the Federation distinct and separate from the Minister of Justice, was sponsored by Hon Mohammed Tahir Monguno.
If the Bill is eventually passed into law it would emphasised the independent of the AGF’s office and also ensure that the office is not subjected to political consideration.
While leading debate on the Bill, Monguno pointed out that “if the office is separated, it would allow for effective separation of power, as the two offices would be given the necessary environment to function optimally.”
According to the lawmaker, “the Attorney-General being the chief law officer is empowered in Section 150 and 195 respectively of the 1999 Constitution, as amended, to enter nolle proseque, the power can only be exercise if office is free from any political interference
“The office of the Attorney-General is such an office that should be seen to be Independent and not be subjected to some political consideration, and his appointment should be seen to meet some standard in legal profession.
“The fact being that, the Attorney-General performs some quasi judicial functions hence, the need for the office to be separated from the office of the Minister or Commissioner for Justice.”
Monguno who frowned against the merger of the offices, noted that “these are two offices merged together and being operated by one person.”
The lawmaker pointed out that the AGF was the chief law officer whether of the federation or states and advised the government whether at the federal or state levels on matters relating to law generally, adding that whereas, the office of the minister or commissioner of justice is political in nature if read alongside other ministers or commissioners.
While noting the enormous power wielded by the Minister, Monguno said “the Constitution gives the Attorney-General of the Federation/Minister of Justice, the power to discontinue any criminal case in any part of the country, before its determination, the implication is therefore that his powers quasi-judicial office.”
He however advised that the office of the AGF should be based on merit and competence, and the NJC should be involved.
According to him, “It should be shielded from the vicissitudes of political influence; the position of Minister of Justice should be a political appointment.
The bill was referred to the Special Ad hoc committee on constitutional review headed by the Deputy Speaker, Hon Lasun Yusuf.