By Chinenyeh Ozor
ENUGU—Chairman of Nsukka chapter of Nigerian Bar Association, NBA, Enugu State, Professor Malachy Ukweze, has advised the state Attorney General and Commissioner for Justice, Mr Tony Ani, not to abuse his office by stopping the criminal prosecution of his former client when he was in private practice.

Ani was said to have indicated his intention to stop the trial of the People’s Democratic Party, PDP, chairmanship candidate for Igboeze North Local Government in the state, Mr Bonaventure Onuh, over alleged attempt to kidnap the Branch Manager of Bank PHB in Nsukka, Mr Kevin Ezeja in 2009.

A lawyer, Mr Eli Ugwu, allegedly obtained a fiat to prosecute Onuh but when the case came up at the state High Court sitting at Nsukka, last Monday, the matter was dramatically adjourned following an oral application by Mr Ani, through the Director of Public Prosecution, Onyema Okpara, that the case be withdrawn, following which the court adjourned the case and referred it back to the police for re-investigation.

Reacting to the notice by the Attorney General, Ugwu noted that the PDP chairmanship candidate had ‘’a client-lawyer relationship with Ani’’ before his appointment, pointing out the need for public officers to carry out their duties according to their oath of office.

Also, the NBA Chairman, Prof. Ukweze, said the position of the Attorney General, either at federal or state levels was ‘’sacrosanct’’ and so they must live above board.

According to him, under Section 211 of the 1999 Constitution, the state Attorney-General has the power to control all criminal matters in the state but the exercise of such powers is subject to the interest of public welfare.

‘’An issue arises when the Attorney-General’s client before his appointment is arraigned before a court of law on a criminal charge as to what would be his/her attitude to the case,’’ he said.

Eli Ugwu, in his reaction said, ‘’the relationship between a lawyer and his client is fiduciary; meaning that the lawyer is holding something in utmost confidence for his client.

’’This relationship could be comprised depending on the integrity of the lawyer.’’ Quoting the 1999 Constitution, Ugwu stated that the AG of a state shall have power to: ‘’To institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court-martial in respect of any offence created by or under any law of the house of assembly.

’’To take over and continue any such criminal proceeding that may have been instituted by other authorities or persons and;

‘’To discontinue at any stage before judgement is delivered, any such criminal proceedings instituted or undertaken by him or any other authority/ person’’

But, he added ‘’that in exercising his powers, the Attorney and Commissioner for Justice shall have regard to the interest of justice and the need to prevent abuse of legal process, since it carried a moral burden.

‘’The question arises when an Attorney-general’s action raises doubt as to whether his withdrawal of a criminal charge was done in public interest or he only withdrew such a charge because of the relationship existing between him and an accused person before he was appointed Attorney-general.’’