The House of Representatives is currently reviewing a proposal aimed at separating the roles of the Attorney General of the Federation (AGF) and the Minister of Justice. This move seeks to address concerns over potential conflicts of interest arising from the combination of these two significant legal and political positions.
According to reports, the proposal, if approved, would also require the Attorney General’s offices at the state level to be distinct from those of the Commissioners of Justice. The bill is currently being examined by the House Committee on Constitution Review, which is chaired by Deputy Speaker Benjamin Kalu. The bill is sponsored by PDP lawmakers Mansur Soro from Darazo/Ganjuwa Federal Constituency, Bauchi State and Oluwole Oke from Osun, and aims to amend Section 150 of the 1999 Constitution (as amended) by introducing a new sub-section 1.
The proposed amendment reads, “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.” This new provision would create a clear distinction between the roles of the Attorney-General and Minister of Justice at the federal level, thereby enhancing the independence of the legal office.
Furthermore, the bill proposes a new sub-section to Section 195 of the Constitution, stating, “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.” This aims to ensure that each state has an independent Attorney-General, separate from the political influence of state-level Commissioners of Justice.
House of Reps
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Explaining the rationale behind the bill, Soro emphasized that the proposal’s main objective is to improve efficiency in the administration of criminal justice, safeguard the public interest, and reduce the risk of abuse of legal processes in both federal and state prosecutions. He noted that the current structure, where the Minister of Justice at the federal level and the Commissioners of Justice at the state level perform dual functions as both legal advisors and political figures, could lead to conflicts of interest and political interference in legal matters.
Soro further 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 justice policy matters. On the other hand, the Attorney-General litigates on behalf of the federal or state governments, overseeing prosecutions and providing advisory on draft legislation and agreements under consideration by the government. The Attorney-General is intended to be an impartial law officer of the government.”
The lawmaker emphasized that separating the roles would eliminate these conflicts of interest, reduce political interference, and enhance public confidence in Nigeria’s justice system. He also highlighted that while the change might incur some costs, the benefits would far outweigh the financial concerns. “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 about the cost of governance,” Soro remarked.
The proposed bill has generated significant attention as it could fundamentally reshape the relationship between the executive and legal offices in Nigeria. Should the bill pass, it could mark a critical step in reforming the country’s justice system and ensuring a more impartial and efficient legal process.
