By Okechukwu Nwanguma
The brazen attempt by the Nigeria Police to investigate the Attorney General of Anambra State and law officers of the Ministry of Justice for exercising the constitutional prerogative of nolle prosequi is an egregious assault on Nigeria’s democracy, legal order, and the doctrine of separation of powers. It is both unlawful and unacceptable.
The Nigerian Bar Association (NBA) was right to rise in firm condemnation of this disturbing development. Describing the police action as a “brazen assault on the Constitution” and a “provocative affront to the legal profession,” the NBA made clear that this overreach must not be allowed to stand. And they are correct.
The facts are straightforward: The Anambra State Attorney General, as empowered under Section 211 of the Constitution of the Federal Republic of Nigeria, exercised his constitutional discretion to discontinue a criminal matter. This power is neither novel nor controversial. It is well-established and recognized across common law jurisdictions. Yet, the Inspector General of Police (IGP) Monitoring Unit found it appropriate to not only summon and detain law officers who acted on the Attorney General’s directive, but also invited the Attorney General himself for interrogation.
This is not only unconstitutional—it is dangerous. It sets a chilling precedent whereby executive discretion, enshrined in the highest law of the land, is now subject to the whims of overzealous or politically motivated law enforcement officers. If not checked, the police may soon begin to investigate judges for delivering judgments, or legislators for sponsoring bills. This is a slippery slope into authoritarianism.
But this is not the first time the Nigeria Police has acted in contempt of the constitutional role of the Attorney General. Across the country, state Attorneys-General are often harassed, ignored, or undermined by the police. This crisis is worsened by the lack of proper understanding within the police hierarchy about the limits of their mandate—and by the habitual politicization of the IGP Monitoring Unit, which increasingly operates like a federal secret police, often bypassing state commands and arrogating extraordinary powers to itself.
The NBA’s strong response reflects a legal profession that recognizes the stakes. In addition to demanding an immediate end to the illegal investigation and an unreserved apology from the Police, the association has directed its National Litigation Committee to offer legal defense and pursue every available remedy to protect the affected officers. This is the correct approach—both legally and morally.
More fundamentally, this episode underscores a growing pattern of constitutional subversion by security agencies. The same police that regularly obtain remand orders against citizens without the input of the Attorney General—as seen in recent cases in Abia State—now seek to criminalize the very exercise of the Attorney General’s authority. This contradiction is not only ironic; it is deeply corrosive to the rule of law.
President Bola Tinubu must not remain silent. As the head of the executive branch, he must call the Inspector General of Police to order and affirm that the Nigeria Police Force is not above the Constitution. The office of the Attorney General—whether federal or state—must be protected from undue interference and political persecution. Anything less will embolden further erosion of constitutional governance.
The police, too, must learn restraint and respect for constitutional boundaries. They are not a law unto themselves. They exist to enforce the law, not to reinterpret or violate it.
Let it be clear: the power of nolle prosequi is absolute within the boundaries of law. It is neither subject to police approval nor judicial review. To attempt otherwise is to ignite a constitutional crisis with far-reaching consequences for Nigeria’s fragile democracy.
The legal profession, civil society, and the wider public must unite to ensure that this constitutional heresy is rolled back—immediately and decisively.
Mr Okechukwu Nwanguma is a human rights activist and also the Executive Director of RULAAC
