CONSTITUTIONAL LAW ā Powers of Attorney-General ā Delegation of Prosecutorial Power
Principle Statement
The Attorney General of a state has the power to delegate his powers to officers of his ministry to prosecute and defend matters in court on his behalf, be they criminal or civil.
Ratio Decidendi (Source)
Per Mukhtar, JSC, in Unipetrol Nigeria Plc v. Edo State Board of Internal Revenue (2006) NLC-123-286-2001(SC) at p. 7; Paras DāE.
"The Attorney General of a state has the power to delegate his powers to officers of his ministry (Ministry of Justice) to prosecute, and defend matters in court on his behalf, be it criminal or civil. In the circumstances, I hold that the action in the present case is competent, and so is the charge framed."
Explanation / Scope
Attorney-General may delegate prosecutorial and defence powers to ministry officers. The principle applies to constitutional law.
