The Nigerian Bar Association has condemned the Nigeria Police Force for investigating the Attorney General of Anambra State over the withdrawal of a criminal case, describing the move as a clear violation of constitutional provisions and an attack on the rule of law.
In a statement issued on Wednesday, NBA President, Afam Osigwe S.A.N, criticized the action of the Inspector General of Police’s Monitoring Unit, which reportedly detained and later granted bail to the Director of Public Prosecution and other law officers from the Anambra State Ministry of Justice.
The officers were said to have acted under the directive of the Attorney General by entering a nolle prosequi — a constitutional right to discontinue criminal proceedings.
“This is yet another disturbing low and an affront to the Constitution of the Federal Republic of Nigeria,” Osigwe said.
“It is provocative that the police are attempting to question the legitimate exercise of prosecutorial discretion vested in the Attorney General by the Constitution.”
According to Section 211 of the 1999 Constitution (as amended), the Attorney General has the exclusive authority to institute, take over, continue, or discontinue any criminal proceedings in the state.
The NBA insists this power is neither subject to judicial review nor open to interference by the police.
“The police do not possess the authority to challenge the Attorney General’s decision to enter a nolle prosequi. It is constitutionally protected and beyond their purview,” Osigwe emphasized.
“The NBA will not stand idly by while law enforcement agencies continue to undermine constitutional order.”
The Bar Association warned that permitting such actions by the police could lead to a dangerous precedent where law officers are routinely harassed or intimidated for performing their legal duties. “What stops the police tomorrow from investigating judges for their rulings?” Osigwe asked.
He described the police’s conduct as a “brazen assault” on legal institutions and questioned why the matter was initiated from Abuja, hundreds of kilometres away from Anambra, rather than being handled by local police commands.
“This trend of routing every sensitive case through the IGP’s office must stop. It undermines local policing and imposes unnecessary psychological and financial stress on the affected officers,” he said.
The NBA President demanded an immediate end to the investigation and a formal apology from the police to the Anambra Attorney General and the detained law officers.
He also directed the Association’s National Litigation Committee, chaired by Ama Etuwewe (SAN), to initiate all necessary legal actions to defend the officers’ rights and uphold the sanctity of the Attorney General’s constitutional powers.
“We must protect lawyers and law officers from abuse and intimidation in the course of their duty. If this investigation is not withdrawn, the NBA will take all legal steps to challenge it,” Osigwe warned.
The Association further urged members of the media to remain vigilant and committed to exposing executive overreach and defending democratic institutions.