The Nigerian Bar Association (NBA) has strongly condemned what it described as a “brazen assault on the Constitution” by the Nigeria Police Force following its investigation of Anambra State’s Attorney General and Directorate of Public Prosecutions (DPP) over the discontinuation of a criminal case.
In a statement signed by NBA President, Mazi Afam Osigwe (SAN) and General Secretary Dr. Mobolaji Ojibara, the association declared the police action “an unacceptable overreach” that threatens Nigeria’s constitutional democracy.
“This is another new low and affront to the Constitution of the Federal Republic of Nigeria as well as the legal profession,” the NBA stated. “The Nigeria Police Force has purported to have the power to investigate the exercise of the power of the Attorney General of Anambra to take over, continue, and/or withdraw criminal proceedings before the courts of the State.”
The controversy stems from the Inspector General of Police Monitoring Unit’s invitation and subsequent release on bail of Anambra’s DPP and other justice ministry officials after they exercised the Attorney General’s constitutional power to enter a nolle prosequi (discontinuation of prosecution) in a criminal matter.
The NBA emphasised that “the Police need not be educated or reminded that they cannot question the Attorney General’s decision to exercise the power of nolle prosequi.” Quoting Section 211 of the 1999 Constitution, the lawyers’ body stressed that “this power is not even subject to judicial review or questioning by other authorities, including the Police.”
The association warned that allowing such investigations would set a dangerous precedent: “We fear that if this is allowed to happen, the Police may one day purport to have the power to investigate a judicial officer for delivering judgments.”
Describing the police action as “executive recklessness and impunity,” the NBA vowed that “the office of the Attorney General will never be cowed.” The statement added: “No amount of invitation, purported investigation, and/or intimidation will deter the holder of the office and the officers in his/her Ministry from discharging his/her constitutional duties.”
The association demanded that the police “must not only cease and desist from any further invitation and purported investigation of the Attorney General and the law officers, but also must tender an unreserved apology.”
The NBA also criticised the policing model that required justice officials to travel from Anambra to Abuja for questioning, calling it “a needless invitation” that “imposes great cost on persons being investigated and puts them to severe hardship.”
The association directed its National Litigation Committee, led by Ama Etuwewe SAN, “to provide legal services to these lawyers and also immediately consider taking all legal actions necessary to protect them from the abuse of their fundamental human rights.”
“This matter calls into question our policing and investigative model,” the NBA stated, urging reforms to prevent abuse. The association framed the incident as part of broader concerns about lawyers’ safety, pledging to “provide adequate protection of lawyers from job hazards and abuses by insisting on prosecution and discipline of errant officers.” The strongly-worded statement concluded with a warning that the police action “portends a grave danger to our democracy” if not immediately halted.
Police authorities have yet to respond publicly to the NBA’s allegations. Legal analysts suggest the standoff could escalate into a constitutional court battle over the limits of police investigative powers versus prosecutorial independence. The incident has reignited debates about police reform and respect for constitutional boundaries between Nigeria’s law enforcement and justice institutions.
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