An Appraisal of the Powers of the Attorney-General of the Federation to Prosecute Violators of the Presidential Order Suspending the Operations of Twitter in Nigeria

Abstract

The directive reportedly given to the Director of Public Prosecutions of the Federation (DPPF)
to commence the process of prosecuting those who violate the Federal Government’s order
suspending the operations of Twitter in Nigeria has brought to the fore again the scope of the
powers of the Attorney-General of the Federation (AGF) to control criminal prosecutions in
Nigeria. This article examines the legality of this directive in the context of the relevant laws
embodying the prosecutorial powers of the Attorney-General. Adopting the doctrinal research
approach, the paper takes a look at the relevant provisions of the Constitution of the Federal
Republic of Nigeria 1999 (as amended), the Administration of Criminal Justice Act 2015, and the
Police Act 2020 dealing with the control of criminal proceedings by the Attorney-General. The
paper finds that while the prosecutorial powers of the AGF are well preserved under section 174
of the 1999 Constitution they can only be validly exercised by him directly or through an officer
in his department or any other person or authority when an offence known to law has been
committed. It further finds that the Government’s order suspending the operations of Twitter in
Nigeria cannot qualify for a written law within the meaning of section 36(12) of the 1999
Constitution. The paper recommends the insulation of the office of the Attorney-General from
partisan politics to prevent abuse of powers by an incumbent Attorney-General. To achieve this,
the paper suggests the insertion of a clause in the Constitution that will grant security of tenure
to the Attorney-General in the same way as judicial officers are shielded under section 291 of the
1999 Constitution from arbitrary removal.