OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON POWER OF ATTORNEY GENERAL OF A STATE
By virtue of section 211 of the 1999 Constitution, (as amended), the Attorney General of a State shall have power:
(a) 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 law of the House of Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any authority or person; and
(c) to discontinue at any stage before judgment is delivered, any such criminal proceedings instituted or under taken by him or any other authority or person.
The powers conferred upon the Attorney General of a State under subsection 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 a State shall have regard to the public interest of justice and the need to prevent abuse of legal process.
(Pp. 302–303, paras. G-C)
OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON POWER OF ATTORNEY GENERAL AND DUTY ON IN EXERCISE OF SAME
By section 211 of the 1999 Constitution (as amended), the Attorney General of a State is in charge of public prosecutions.
The Attorney General of a State is conferred with the power to among others, institute and undertake criminal proceedings against any person suspected to have committed any offence created by or under any law of the House of Assembly.
The only collateral duty imposed on the Attorney General is expressly stated in section 211 to the effect that in exercising his power under this section, the Attorney General of a State shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.
(P. 316, paras. A-C)
OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON DUTIES OF ATTORNEY GENERAL IN EXERCISE OF HIS PROSECUTORIAL POWERS
By section 211(3) of the 1999 Constitution (as amended), the Attorney-General of a State in exercise of the unfettered powers thereof:
“Shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.”
The provisions of section 211(3) of the 1999 Constitution, as amended do not envisage the situation where the court peremptorily stops the prosecution proceedings of an accused person, and commence an enquiry into the accused person’s complaint challenging the prosecution, as a condition precedent to the prosecution thereof.
Undoubtedly, this is neither in the contemplation of section 211 of the Constitution nor in accord with common sense.
All that the phrase “shall have regard to” as couched in section 211(3) of the 1999 Constitution contemplates is for something to be done by the Attorney-General of a State within the purview of the unfetted powers conferred thereupon.
This is absolutely so, for the expression “shall have regard to” comes within the purview of principles and practice of interpretation of statutes as a permissive expression which imports a discretion not create a condition precedent.
Thus, the 1st respondent’s learned counsel was most certainly correct, in postulating that the appellant’s contention was misconceived in holding that the powers of the Attorney-General are unqualified.
The cases of Abacha v. The State (2002) 11 NWLR (Pt. 779) 437 et al, cited and relied upon by the appellant on the point, are undoubtedly inapplicable to the case at hand, thus the doctrine of stare decisis does not apply.
[Emeakayi v. C.O.P. (2004) 4 NWLR (Pt. 862) 158; State v. Ilori (1983) 1 SCNLR 94 referred to.]
(Pp. 311–312, paras. F-D)
OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON ISSUING OF LEGAL ADVICE BY THE ATTORNEY GENERAL
By section 74 of the Administration of Criminal Justice Law of Lagos State:
(a) The Commissioner of Police shall forward and duplicate files with respect to offences triable on information to the office of the Attorney-General for the purpose of legal advice.
(b) The legal advice issued by the office of the Attorney-General with respect to offences triable on information or any person shall be conclusive.
(c) Notwithstanding the provisions of sub-sections and of section 74, the Attorney-General may request duplicate files relating to any offence for the purpose of issuance of legal advice.
(d) Where the facts in a duplicate file forwarded to the office of the Attorney-General in any proceedings with respect to any offence triable on information against a law of the State indicates a prima facie case against a person, the Attorney General, shall inform the Magistrate in writing by way of legal advice through any of the officers in his chambers or the prosecuting police officer.
(Pp. 304–305, paras. E-A)