A Comparative Analysis of the Power of the Attorney-General to Enter a Nolle Prosequi under the 1999 Constitution of Nigeria

The 1999 Nigerian Constitution gives the Attorney-General the power to enter a nolle prosequi in criminal proceedings. There are no constitutional provisions that expressly subject the exercise of the constitutional power of nolle prosequi by the Attorney-General to judicial review. This lacuna is being abused, as some Nigerian attorneys-general have, since the coming into force of the Constitution on 29 May 1999, sought sanctuary under it to free persons standing court trial for serious criminal offences through the exercise of nolle prosequi for their selfish interest or political considerations. The pertinent issue is whether the entering of a nolle prosequi in criminal trials in pursuance of the ulterior motives of an Attorney-General is constitutional. This article undertakes comparative analysis of pertinent issues involved in the exercise of nolle prosequi. The methodology is mainly doctrinal analysis of applicable primary and secondary sources. The article argues that the exercise of nolle prosequi for an Attorney-General’s selfish interest or political considerations is unconstitutional. Nigeria should subject the exercise of nolle prosequi to the court’s permission, as practiced in the United States of America and Kenya.