Lagos, Nigeria – The Nigerian Bar Association (NBA) has lambasted the Nigeria Police Force for what it describes as an “overreach” and “affront to the Constitution” in investigating the Attorney General of Anambra State over the decision to discontinue a criminal prosecution. The condemnation follows the arrest and subsequent release on bail of the state’s Director of Public Prosecutions (DPP) and three other law officers, with an invitation extended to the Attorney General herself.
In a strongly worded statement issued by NBA President Mazi Afam Osigwe, SAN, and General Secretary Dr Mobolaji Ojibara, the association argued that the police actions undermine the constitutional powers of the Attorney General under Section 211 of the 1999 Constitution (as amended), which grants the prerogative to enter a nolle prosequi – effectively halting proceedings – without judicial review or interference from other authorities. “The police need not be educated or reminded that they cannot question the Attorney General’s decision to exercise the power of nolle prosequi,” the statement read. “This power is not even subject to judicial review or questioning by other authorities, including the police.”
The controversy centres on a homicide case linked to the Economic and Financial Crimes Commission (EFCC). On 17 January 2025, EFCC operatives conducted a midnight raid on the residence of Joshua Chukwubueze Ikechukwu in Awka, Anambra State, suspecting him of cybercrime activities. During the operation, EFCC officer Aminu Sahabi Salisu was fatally shot, and another operative was injured. The EFCC alleged that Ikechukwu opened fire on the team, leading to murder charges against him.
However, Ikechukwu maintained that the intruders scaled his fence without proper identification, prompting him to defend himself. After reviewing the evidence, the Anambra DPP withdrew the charges, citing insufficient credible proof to sustain the prosecution. This decision reportedly prompted the Inspector General of Police (IGP) Monitoring Unit to summon the DPP and the three state counsel to Abuja, where they were detained on Monday and released on self-recognisance early Tuesday following interventions.
The NBA described the police actions as “shocking and provocative,” warning that they 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,” Osigwe stated. The association further criticised the centralised investigative model, which requires suspects to travel to Abuja for matters that could be handled locally, imposing undue hardship and costs.
Prominent lawyers have echoed these concerns, with former NBA Vice President Monday Onyekachi Ubani and human rights advocate Chidi Odinkalu labelling the arrests as an attack on prosecutorial independence. Odinkalu called it “intimidation,” arguing that such moves deter public officers from fulfilling their duties without fear.
As of now, the Nigeria Police Force has not issued an official response to the NBA’s allegations. However, sources suggest the probe may stem from suspicions of impropriety in discontinuing a case involving the death of a federal anti-corruption officer, though no evidence of wrongdoing by the Anambra officials has been publicly presented.
The NBA has demanded that the police immediately cease the investigation, tender an unreserved apology to the affected officers, and review their investigative practices. Should the probe continue, the association has directed its National Litigation Committee, led by Ama Etuwewe, SAN, to provide legal support to the officials and pursue actions to protect their rights and the Attorney General’s prerogative powers.
This incident has sparked broader debates within Nigeria’s legal community about the balance between law enforcement accountability and the independence of prosecutorial decisions. Legal experts warn that eroding such powers could jeopardise the rule of law and democratic principles in the country.
