Ashcroft, Hon. John David, (born 9 May 1942), Attorney General of the United States of America, 2001–04; Founder and Chairman, Ashcroft Group, LLC, since 2005

2007 ◽  
Keyword(s):  
United States ◽  
United States Of America ◽  
Attorney General ◽  
The United States

A Reflection on Issues involved in the Exercise of the Power of the Attorney-General to enter A Nolle Prosequi under the 1999 Constitution of Nigeria

2020 ◽  
Vol 2020 ◽  
pp. 79-109
Author(s):  
Dr Andrew Ejovwo Abuza
Keyword(s):  
United States ◽  
United States Of America ◽  
Research Methodology ◽  
Attorney General ◽  
The United States ◽  
Criminal Proceedings ◽  
Secondary Sources ◽  
Self Interest

The 1999 Nigerian Constitution bestows on the Attorney-General the power to enter a nolle prosequi in criminal proceedings. This paper reflects on issues involved in the exercise of the constitutional power of nolle prosequi. The research methodology adopted is mainly doctrinal analysis of applicable primary and secondary sources. The paper finds that the exercise of the constitutional power of nolle prosequi for self-interest or political considerations of the Attorney-General is unconstitutional. The paper suggests the subjection of the exercise of the constitutional power of nolle prosequi to the permission of the court in line with the practice in other countries like the United States of America (USA) and Kenya.

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