A bill seeking to reduce the powers of the Attorney-General of the Federation (AGF) and Minister of Justice on Wednesday passed through second reading in the House of Representatives.
The bill seeks to amend section 174 of the 1999 Constitution as amended, which provided for the powers of the AGF.
Section 174 states that "The Attorney-General of the Federation shall have power - to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court-martial, in respect of any offence created by or under any Act of the National Assembly.
"He also has the power to take over and continue any such criminal proceedings that may have been instituted by any other authority or person.
"The Attorney-General of the Federation has power to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.
"The powers conferred upon the Attorney-General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department.
"In exercising his powers under this section, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.''
Leading the debate, Rep. Femi Gbajabiamila (ACN-Lagos), said section 174 gave the AGF enormous powers to institute, prosecute and withdraw criminal proceedings even when instituted by an individual or government.
Gbajabiamila said that because of the peculiar nature of the country today, it was time for the powers of the attorney-general to be reduced.
"The Attorney-General of the Federation determines today who is to be prosecuted and who is to be left off the hook,'' he said.
Rep. Bimbo Daramola (ACN-Ekiti) said that as a nation, there was the need to operate on the basis of equity.
Rep. Nkiruka Onyejeocha (PDP-Abia) said that as chief law officer of the country, he should be seen to be working in the interest of all Nigerians.
Rep. Kamil Akinlabi (ACN-Oyo) said that ICPC and EFCC should be insulated from the office of the AGF.
Rep. Patrick Ikahriale (PDP-Edo) who spoke against the bill, argued that the attorney-general of any country was empowered to prosecute criminal proceedings.
The bill was referred to the ad hoc committee on the review of the 1999 Constitution for further legislative inputs.
Meanwhile, the bill seeking to amend the EFCC Act, 2004, was stepped down to enable the house to get some clarifications from the Committee on Rules and Business.
Similarly, a bill for an Act to alter the provisions of the 1999 constitution to separate the office of the Attorney- General of the Federation from the office of the Minister of Justice also scaled through second reading in the house.
Leading debate on the general principles of the proposed legislation, Rep. Christopher Eta ( PDP – Cross/ River), said there was need to look at institutions in the country to ensure that they conform to the reality of modern day democracy.
He said the AGF should be strictly limited to its constitutional role of the Chief Prosecuting Officer of the State.
According to Eta, the current situation whereby the AGF performs the function of the Minister of Justice is a conflict.
"I believe this is a conflict, we know that there will be political interference and pressure, I appeal to this house to deem it fit to make the office of the AGF separate from the office of the justice minister,'' Eta said.
Eta argued that it was time for institutions to begin to function according to their roles.
Rep. Uche Ekwunife (APGA-Anambra ) in her contribution, agreed that the office of the AGF should be seen as independent from any encumbrance.
"Let us use this era of constitution amendment to ensure this separation (Offices of the AGF and Minister of Justice.''
Rep. Opeyemi Bamidele (ACN-Ekiti) on his part, urged the house to support the bill, saying that the National Assembly would be seen to have taken a patriotic step.
Reps. Femi Gbajabiamila (ACN - Lagos), Aminu Sulieman ( PDP-Kano), Mohammed Monguno (ANPP-Borno) urged members to give speedy passage to the bill.
The bill was also referred to the Ad hoc Committee on the Review of the 1999 Constitution.
Daily Trust