Human and Environmental Development Agenda (HEDA Resource Centre) has called on the Attorney-General of the Federation (AGF), Lateef Fagbemi (SAN), to immediately reinstate the criminal charges against former Managing Director of the Asset Management Corporation of Nigeria (AMCON), Mr Ahmed Kuru.
In a petition signed by its Chairman, Mr Olanrewaju Suraju, and addressed to the Attorney General of the Federation, the organisation expressed grave concern over the decision of the Justice Minister to discontinue criminal proceedings against Kuru, even though the case was being prosecuted under the Criminal Law of Lagos State.
Recall that Justice Rahman Oshodi of the Lagos State High Court discharged the defendant following a Notice of Discontinuance filed by the Director of Public Prosecution on behalf of the AGF.
HEDA stressed that the AGF acted outside the scope of his constitutional powers, insisting that Section 174 of the 1999 Constitution only empowers the AGF to discontinue criminal cases arising from Federal Laws Acts of the National Assembly, and not cases instituted under state laws.
Citing the Supreme Court decision in FRN v. Osahon (2006) 5 NWLR (Pt. 973) 361, the organisation reiterated that matters arising from state laws remained the exclusive jurisdiction of the Attorney General of the State, in line with Section 211 of the Constitution. The group further referenced State v. Ilori (1983) 1 SCNLR 94 to reinforce its argument.
According to HEDA, criminal defence is an opportunity for the accused to clear his name, not a political shield from justice. The organisation, therefore, demanded the immediate reinstatement of charges against Mr. Kuru and other defendants.
It warned that failure by the AGF to act within 14 days would compel HEDA to petition the Nigerian Bar Association’s Disciplinary Committee for abuse of office and explore other local and international legal actions.
The organisation reminded the AGF of a failed similar attempt by his immediate predecessor Abubakar Malami, in the case against an in-law to former President Olusegun Obasanjo, John Abebe, in 2018, in which the current Special Adviser in the AGF’s office and EFCC prosecutor, Rotimi Oyedepo (SAN), vehemently opposed Malami’s request and persuaded Justice Dada against granting the request, on the simple ground that only AG of Lagos State is constitutionally empowered to effect such withdrawal or take Over.
The organisation further reaffirmed its unwavering commitment to the fight against corruption, the defence of human rights, and the pursuit of justice in Nigeria.
