CRITIQUING NOLLE PROSEQUI AS POWER TO BE EXERCISED AT THE BEHEST OF THE ATTORNEY-GENERAL

Abstract

The scheme of nolle prosequi is often abused as it is erroneously misunderstood that it is not subject to discernible limitations. Hence, it is habitually exercised at the pleasure of the donee of the power to the chagrin of the cause of justice or on injudicious considerations. Therefore, in order to illuminate the proper position of the law, this paper adopted the doctrinal research method and considered both constitutional provisions and judicial decisions on nolle prosequi. The paper established that although nolle prosequi is to be exercised at any stage of a pending criminal trial before judgment and when exercised, it remains unquestionable not even by the Court. Nevertheless, the paper further determined that it is a constitutional requirement that exercise of power of nolle prosequi by either the Attorney General of the Federation or Attorney-General of a State must be for public interest, interest of justice and never in abuse of legal process. It was therefore recommended that since nolle prosequi only amounts to a discharge and not acquittal, where there is abuse of power in the exercise of power of nolle prosequi, the beneficiary should be rearraigned in Court to face the long arm of the law.