Law firm condemns Police probe of Anambra AG over Nolle Prosequi case

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The law firm EE Umahi and Associates has strongly condemned the Nigeria Police Force for what it calls an unjustified and unconstitutional investigation into the Anambra state Attorney General and his legal officers. 

The probe relates to the lawful discontinuation of a criminal case via a nolle prosequi, a legal procedure allowing the Attorney General to halt prosecution.

In a press release made available to Blueprint in Abuja on Thursday by Emmanuel Umahi Ekwe, Principal Partner of EE Umahi and Associates, he described the police actions, including summoning, arrest, and bail of the Attorney General’s team, as a grave overreach and a violation of Section 211 of the 1999 Nigerian Constitution. This constitutional provision grants the Attorney General discretionary and autonomous powers to discontinue criminal proceedings without interference.

This incident he noted raised critical questions about the balance of power between Nigeria’s security agencies and constitutional officers, as well as the respect for legal procedures like nolle prosequi in the country’s justice system

According to Mr. Ekwe, the police’s move to carry out this investigation conducted outside Anambra State and instead in Abuja—exacerbates the infringement, inflicting unnecessary difficulties on officials who were acting within their legal mandate.

He warned that such police conduct threatens the independence of constitutional officeholders and undermines the rule of law and democratic governance in Nigeria. Mr. Ekwe called on the Nigeria Police Force to respect constitutional boundaries and stop what he described as baseless investigations.

The law firm also expressed solidarity with the Nigerian Bar Association and legal practitioners committed to constitutionalism, urging the federal government and relevant authorities to intervene and uphold constitutional order while promoting professionalism and accountability in law enforcement.