…Bill scales second reading
The House of Representatives has began a constitutional process of separating the office of the Attorney General of the Federation (AGF) and Attorney General of State from the office of Minister or Commissioner of Justice.
The lawmakers said the powers of the AG, who is the chief law officer of the Federation or the State were too enormous for the officer to be burdened with the functions of the Justice Ministry.
As a result, a bill for an Act to alter the constitution to introduce the office of the Attorney General of the Federation distinct and separate from the Minister of Justice successfully scaled second reading on the floor of the House Tuesday.
Sponsor of the bill, Muhammad Monguno (APC, Borno) cited Section 150 of the constitution that created the Office of the Attorney General of the Federation ( AGF ) and Minister of Justice while Section 159 created the office of the Attorney General of State and Commissioner for Justice.
“From these arrangements, these two offices merged together and being operated by one person.
“The AG is the chief law officer whether of the Federation or the State and advises the government on matters relating to law generally, whereas, the office of the Minister or Commissioner of Justice is political in nature if read alongside other Ministers or Commissioners.
“The office of the Attorney General is such that should be seen to be independent and not subjected to some political consideration and the appointment should be seen to meet some standards 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.
“The Attorney General being the Chief Law officer is empowered in Sections 150 and 195 of the constitution respectively to enter nolle proseque.
“The power can only be exercised if the office is free from any political interference.
“The separation of power would further allow for effective separationof power, as the two offices would be given the necessary environment to function optimally,” Monguno said.
The bill.was refered to the special ad hoc Committee on the review of the constitution.
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