AN ANALYSIS OF THE PRACTICE OF NOLLE PROSEQUI IN CORRUPTION CASES IN NIGERIA
Abstract
The Attorney General of the Federation and that of a state has the constitutional power to bring any criminal trial initiated by him or on is behalf to halt. Generally, this power is meant to be used for trial strategy and extreme public policy matters. Corruption cases are among such cases where this power may be exercised, especially by the Attorney-General of the Federation considering that most corruption cases nowadays are initiated by the federal government. The way and manner in which the power of nolle prosequi is utilized in these cases demonstrate the seriousness with which the government pursues its fight against corruption. Unfortunately, the extent of the power of nolle prosequi has been a subject of much polemics, resulting in an avalanche of judicial authorities and misconceptions. In today’s Nigeria where corruption has eaten deep into every fabric of the society, there is need to ascertain the working modalities of the A. G. in exercise of the power of nolle prosequi in corruption cases in accordance with the constitutional expectation and in line with global best practices for effective criminal justice system in Nigeria that would curtail corruption in all its ramifications. Using doctrinal methodology, this article utilized both primary and secondary sources to examine and evaluate the application of nolle prosequi in the prosecution of corruption cases, and how this affects the war against corruption in Nigeria. The article finds (among others) that one of the constraints against effective utilization of the power of nolle prosequi in corruption cases by the Attorney General in Nigeria has to do with the political arm of his office; (minister or commissioner as the case may be) in addition to being the Attorney General. The article recommends (among others) that the office of the Attorney General and minister of justice be separated through constitutional amendment to wipe out corruption in the Nigerian criminal justice system.
