‘AS CHIEF LAW OFFICER OF THE FEDERATION, AGF’S POWERS ENCOMPASS EVERYONE, ALL SERIOUS ENDEAVOURS,' SAYS EZEOBI

Senior lawyer, Theodore Jnr. Ezeobi, SAN has said that the “constitutional command and scope” of Nigeria’s “Chief Law Officer” “encompasses everyone, and all serious and meaningful endeavours within the Federal Republic of Nigeria.”

In an interview with CITY LAWYER, Ezeobi said that “once due process is followed and the AGF is named,” he “automatically becomes the Chief Law Officer of the Federal Republic of Nigeria, which encompasses our respective and collective endeavours.”

Saying that his intervention is “for clarification, as a matter of public interest, optics and perception of the AGF as Chief Law Officer,” Ezeobi stated that the Attorney-General, as the “Chief Law Officer of the Federation (The Federal Republic of Nigeria) is, by our wish, the ultimate custodian of the Federation’s legal conscience, public interest, including its adversarial system and operations.”

CITY LAWYER recalls that the plenitude of powers of Nigeria’s Attorney-General came under scrutiny as a matter of public interest among Nigerians, with some recently arguing that private entities are not within the ambit of the Attorney-General’s supervisory powers.

Said Ezeobi: “The chapters of the Constitution of the Federal Republic of Nigeria are immediately preceded by a connotation, thus: “WE THE PEOPLE of the Federal Republic of Nigeria … DO HEREBY MAKE, ENACT AND GIVE TO OURSELVES the following Constitution:-“

“By definition, especially inevitably following Sec. 318 of the same constitution (on interpretation, citation and commencement), Federation “means the Federal Republic of Nigeria.”

“Put in a clear perspective, by Sec. 150 of the Constitution “we the people” aforesaid, agreed that the Attorney -General of the Federation (AGF) shall be our respective and collective Chief Law officer, as a people in the Federation.”

“Furthermore, we must recognize the dual capacity we all placed on the AGF, i.e. his role first and foremost, as our Chief Law Officer, on the one part, and as a Minister of the Government we choose, on the other part.

“We also extended prosecutory powers to the AGF, but for these immediate purposes, my opinion is restricted to the role as our Chief Law Officer.

“Therefore, once due process is followed and the AGF is named, he automatically becomes the Chief Law Officer of the Federation which encompasses our respective and collective endeavours.

“In summary, and for clarification, as a matter of public interest, optics and perception, the AGF, is constitutionally authorized to play the role as “Chief Law Officer” to us all, with strict constitutional interpretation, which is, of course, distinct from a generic use of the phrase “Chief Law Officer” and its other meaning and understanding, or as may be used otherwise and for other purposes which do not carry a constitutional context.

“The AGF, as the “Chief Legal Officer of the Federation” is, by our wish, the ultimate custodian of the Federation’s (our) legal conscience, public interest, including adversarial system and operations.

“Furthermore, it is important to note that the existence of explicit constitutional safe locks over the extent of the role of the AGF as a Minister in the Government of the Federation, and/or his prosecutory powers, are not associated with, nor so explicitly provided for in our constitution over his role as Chief Law Officer of the Federation. Therefore these safe locks could not be misconstrued, or used interchangeably.

“Ultimately, and until we all decide otherwise through appropriate methodology, “YES”, as our respective and collective Chief Law Officer, the AGF is constitutionally empowered and commanded by all of us as Nigerians who are subscribed to the Constitution, to legally represent us all, including rendering undoubted advisory over our serious and meaningful endeavours.”

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