The Nigerian Bar Association (NBA) has condemned the Nigeria Police Force for arresting officers of the Ministry of Justice in Anambra State for withdrawing a criminal case.
The Inspector-General of Police, Kayode Egbetokun, allegedly ordered the arrest of the state’s Director of Public Prosecutions, Ikechukwu Nwabueze, on Monday. He was arrested along with three lawyers from the department, for exercising the Attorney General, Sylvia Ifemeje’s constitutional power to file notice of discontinuance (nolle prosequi) of a homicide case.
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NBA questioned the need to summon these law officers from Anambra State to Abuja. It described the police invitation and release on bail of the law officers as “provocative and an assault on the powers of the Attorney General.” It said the police “must tender an unreserved apology to the Attorney General and these officers for the unlawful act”.
The case involved Joshua Ikechukwu, who is alleged to have killed an Economic and Financial Crime Commission (EFCC) operative, Aminu Salisu, during a raid in Anambra State in January.
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The state command’s spokesperson, Tochukwu Ikenga, said the legal officers acted improperly by withdrawing the case.
A statement shared with PREMIUM TIMES, dated 6 August and signed by NBA President, Afam Osigwe, said the Attorney General has the power “to take over, continue, or withdraw criminal proceedings before the courts of the state.”
Sections 174 and 211 of the Nigerian constitution allows the attorney general of both federal and state to withdraw criminal charges or terminate criminal proceedings at any stage in public interest.
Many have condemned the police for their unruly and uncivil conduct of arresting government lawyers for exercising their discretion. The state’s public prosecutions department was said to have withdrawn the charges due to lack of credible evidence, a justification that seems not to sit well with many that were shocked by the brutality of the murder incident the suspect was accused of. But it is not clear if the withdrawal of the charges was the attorney-general office’s final decision on the matter or if there was plan to call for more investigation to unearth more evidence.
Mr Osigwe said Tuesday that the attorney-general’s power to withdraw charges delegated to the DPP officials is not subject to judicial review or questioning by other authorities, including the police. He warned that “if this is allowed to happen, the police may one day purport to have the power to investigate a judicial officer for delivering judgements.”
‘Attorney-General’s office will not be cowed’
The association said the Attorney General’s office “will never be cowed,” and that no level of police invitation, investigation, or intimidation would stop the Attorney General or officers of the Ministry from carrying out their constitutional duties.”
It added that “They must be able to discharge these duties without fear, threat, harassment, or victimisation” and that the police need to be educated that they cannot question their office.
The NBA vowed not to sit idly by while the police assault the Constitution. It called on the police to withdraw the invitation and investigation immediately and stop further harassment of the Attorney General and her officers.
The NBA said its National Litigation Committee, led by Ama Etuwewe, a Senior Advocate of Nigeria (SAN), would provide legal support to the affected lawyers and explore legal action to protect their rights. It pledged to hold law enforcement accountable and not ignore any act of executive recklessness or impunity.
The NBA criticised the IGP for taking over cases meant for state commands, saying it disrupts their work and burdens citizens. It urged him to end the current probe, describing it as dangerous for democracy.
The association said the practice is often abused, costly, and must stop. It called for action to protect lawyers from harassment and demanded prosecution of the officers involved.
Background
In January 2025, operatives of the EFCC were ambushed during a raid on suspected internet fraudsters in Onitsha, Anambra State. The attackers opened fire, killing an Assistant Superintendent, Sahabi Salisu, and critically injuring another officer. A male suspect was arrested at the scene, though his identity was not disclosed at the time.
The suspect was later identified as Ikechukwu, was arrested. He claimed self-defence, alleging he was unaware the intruders were security agents and only fired after spotting armed men on his CCTV.
The police then arrested the state DPP, Mr Nwabueze, along with three lawyers from his office after they filed a nolle prosequi, to discontinue the homicide case.
The Anambra State Police command’s spokesperson, Tochukwu Ikenga, confirmed the arrest. He said the legal officers acted improperly by withdrawing the case, even though they exercised their powers under the Attorney-General’s authority, because the decision interfered with the ongoing criminal proceedings.
The arrest drew widespread condemnation from legal experts and rights advocates, who described the police action as an attack on prosecutorial independence.
A former chairman of Nigeria’s National Human Rights Commission (NNHRC), Chidi Odinkalu, in a post via his X official account @ChidiOdinkalu, said the incident amounted to intimidation of state legal officers performing their statutory duties.
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