COMMENT | On some occasions, AG owes a public explanation

COMMENT | When the attorney general (AG) claimed the Attorney-General’s Chambers (AGC) is not obligated to inform the public of its decision to discontinue charges against an accused person, apparently, legal experts and the AG are not on the same page.

The AG also said, “While discharging this constitutional obligation, the public prosecutor is not bound to furnish any reason whatsoever to any parties”. Perhaps. But only if transparency, good governance, and public accountability are not important.

To fortify his view, he, as expected, has clung to Article 145(3) of the Federal Constitution which encapsulates the doctrine of prosecutorial discretion of initiating and discontinuing criminal charges.

To be fair to the AG, he is arguably right in invoking Article 145(3). Yes, nowhere in the said provision mandating the AG qua public prosecutor to explain his decision in initiating and discontinuing criminal charges.

Apparently, our present AG seems to be very happy in clinging to a literal interpretation of Article 145(3) of our apex law...