NBA Condemns Police Overreach in Investigating Anambra Attorney General’s Constitutional Powers

Issued by the President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN

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In a strong rebuke of executive overreach, the Nigerian Bar Association (NBA) has condemned the unlawful actions of the Nigeria Police Force in purporting to investigate the Attorney General of Anambra State, his Director of Public Prosecution, and other law officers over the exercise of their constitutional powers to discontinue a criminal matter through the instrumentality of nolle prosequi.

The NBA, in a statement signed by its President, Mazi Afam Osigwe, SAN, described the Police’s action—especially through the IGP Monitoring Unit—as an “affront to the Constitution” and an “unprovoked assault on the legal profession.”

The Association expressed grave concern that law officers were not only invited to Abuja but also released on bail, merely for executing the statutory powers of the State’s Attorney General under Section 211 of the 1999 Constitution (as amended).

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Even more alarming is the invitation extended to the Attorney General himself, in what appears to be an attempt to intimidate the office and undermine its constitutional authority.

“The Police need not be reminded that the exercise of the power of nolle prosequi by an Attorney General is neither subject to judicial review nor open to question by any authority, including the Police,” the statement emphasized.

Osigwe warned that condoning such actions would set a dangerous precedent where, tomorrow, the Police could presume the power to investigate judicial officers for delivering judgments.

He asserted that the NBA would not stand idly by as the Police brazenly violate constitutional boundaries, noting that the ongoing actions amount to executive recklessness, intimidation, and abuse of power.

The NBA also criticized the continued abuse of centralized policing through the IGP Monitoring Unit, highlighting the unnecessary hardship, cost, and disruption it places on public servants who are made to travel from their states to Abuja under questionable circumstances.

“This policing model is outdated, abusive, and must be reviewed,” Osigwe added.

In a decisive response, the NBA President directed the National Litigation Committee, led by Ama Etuwewe, SAN, to offer legal representation to the affected law officers and to explore all legal remedies, including actions to enforce their fundamental human rights.

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The Association is also calling on the Inspector General of Police to immediately terminate the purported investigation, issue an unreserved apology to the Attorney General and his officers, and put an end to what it calls a blatant abuse of power and threat to democratic institutions.

The NBA further urged the legal community to view this as a wake-up call to ensure that no lawyer is harassed or persecuted for discharging constitutional duties. It vowed to name, shame, and prosecute any officer who engages in such lawless acts.