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Power to enter nolle prosequi not subject to review by court — Justice Bwala

The exercise of the power to enter nolle prosequi by an A.G. is subjective and not objective; The State vs Ilori supra as follows: “The test to be adopted under sub-section (3) of section 191 of the 1979 Constitution is the same test that was adopted in examining the exercise of his discretion prior to 1979. It is subjective. It is the exercise of his discretion according to his own judgment.”

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Nolle Prosequi. In whose interest?

UNDER the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Attorney-General of the Federation, AGF, and states’ Attorneys-General are regarded as the number one law officers of the country and their respective states. Specifically, the holder of the office at either level of government is vested with certain powers which can be exercised by him/her or sometimes delegated. Under Section 174 and Section 211 of the Constitution, the AG has the power to initiate, take over or discontinue (by entering nolle prosequi) any criminal proceeding in the overriding public interest.

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