The House of Representatives is deliberating on a bill aimed at separating the roles of the Attorney General of the Federation from the Minister of Justice.
Similarly, the legislation seeks to divide the offices of state Attorneys General from those of Commissioners for Justice.
This proposed amendment, jointly sponsored by two lawmakers from the Peoples Democratic Party, Mansur Soro, representing Darazo/Ganjuwa Federal Constituency, Bauchi State and Oluwole Oke, Osun State, is under review by the House Committee on Constitution Review, chaired by Deputy Speaker Benjamin Kalu.
The bill seeks to amend Section 150 of the 1999 Constitution (as amended) by introducing a new sub-section.
The proposed sub-section read, “There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation different from the person occupying the position of the Minister of Justice to be appointed by the President, subject to the confirmation of the Senate.”
Additionally, it seeks to modify Section 195 of the Constitution to include, “There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State to be appointed by the Governor, subject to the confirmation of the House of Assembly.”
In an exclusive interview with The PUNCH on Sunday, Mansur Soro explained the rationale behind the bill, “The reason for this proposal is to enhance efficiency in the dispensation of criminal justice, safeguard the public interest, and deter abuse of legal process in public prosecutions at both the federal and state levels.”
Soro elaborated, stating, “The Minister of Justice of the Federal Government and Commissioners of Justice of the government of the states can be described as partisan political advisors providing legal advice to cabinets and overseeing justicial policy matters. The Attorney-General litigates on behalf of the federal or state governments, overseeing prosecutions and providing advisory on draft legislations and agreements under consideration by the government. The Attorney-General is intended to be an impartial law officer of the government.”
He emphasized that the dual roles currently combined in the offices of the minister or commissioner of justice and the attorney general create conflicts of interest.
“The bill intends to eliminate the conflict, limit risks of political interference, boost public confidence in Nigeria’s justice system, among others,” Soro noted.
Addressing concerns about the potential financial burden of implementing the proposal, Soro argued that the benefits far outweigh the costs.
“I have been an advocate of affordable government, but when you look at the objectives of this proposal, the gains are more than the concerns on the cost of governance,” he said.