LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Office of Attorney-General — Corporation Sole — Perpetual succession of office distinct from incumbent
PRINCIPLE STATEMENT
The office of the Attorney-General, being a creation of the Constitution, is a legal person known to law. The office is different and distinct from the person occupying it. While the office continues in perpetuity, the holder may leave or be removed.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in A.G., Federation v. ANPP & Ors (2003) NLC-1422003(SC) at pp. 12–14; Paras A–D.
"The office of the Attorney-General, being a creation of the Constitution, is a legal person known to law... the office of the Attorney-General of the Federation is different and distinct from the person occupying it. And so while the office continues in perpetuity, unless abrogated by the Constitution, the holder of the office could leave the office at the expiration of his tenure or removed as the case may be."
EXPLANATION / SCOPE
The office of Attorney-General is a corporation sole. The principle applies to constitutional offices. The office continues despite changes in the officeholder. The rule ensures continuity. The officeholder is distinct from the office. The principle is well-established.
