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Bill To Separate AGF From Justice minister Passes Second Reading - Politics - Nairaland

Nairaland ForumNairaland GeneralPoliticsBill To Separate AGF From Justice minister Passes Second Reading (7405 Views)

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Bill To Separate AGF From Justice minister Passes Second Reading by deantimes(op): 9:38pm On Dec 06, 2016
THE House of Representatives on Tuesday moved to separate the office of Attorney-General of the Federal, AGF, from that of Minister of Justice.








The move followed the second reading of a Bill for an Act to alter the 1999 constitution to introduce the Office of the Attorney-General of the Federation separate from the Minister of Justice.


Presenting the Bill, Mohammed Monguno (APC-Borno), said that if passed, it would emphasise the independence of the AGF’s office and ensure it was not subjected to political consideration.


Mr. Monguno said that separation of the AGF’s office would allow for effective separation of power, adding that the two offices would be given the necessary environment to function optimally.


Mr. Monguno said, “The Attorney-General of the Federation, being the Chief Law Officer is empowered in Section 150 and 195 respectively of the 1999 Constitution to enter nolle prosequi.”


Nolle prosequi is an entry on the record of a legal action that denotes that the prosecutor or plaintiff will proceed no further in an action of suit either as a whole or as to some count or as to one or more of several defendants.


The lawmaker added that, “The power can only be exercised if office is free from any political interference.


“The office of the Attorney-General of the Federation is such an office that should be seen to be Independent and not be subjected to some political consideration,


“His appointment should be seen to meet some standard in legal profession.


“The fact (is) that the Attorney-General of the Federation (AGF) performs some quasi judicial functions hence, the need for the office to be separated from the Minister of or Commissioner for Justice.”


According to him, the AGF is the chief law officer of the federation and advises the government whether at the federal or state levels on matters relating to law generally.


“Whereas, the office of the minister of or commissioner for justice is political in nature, if read alongside other ministers or commissioners.


Mr. Monguno further advised that the office of the AGF should be based on merit and competence and the National Judicial Council be involved.


“It should be shielded from the vicissitudes of political influence”.


The Speaker, House of Representatives, Yakubu Dogara, referred the bill to the special adhoc committee on constitutional review for further legislative action.


[NAN]
http://www.socialtimesng.com/2016/12/bill-to-separate-agf-from-justice-minister-passes-second-reading/

Re: Bill To Separate AGF From Justice minister Passes Second Reading by adeom141(m): 9:41pm On Dec 06, 2016
just here to make ftc
Re: Bill To Separate AGF From Justice minister Passes Second Reading by Grundig: 9:47pm On Dec 06, 2016
Little by little the powers of tbe president of Nigeria is being whittled down.

I like that fact that the judicial council will be involved in the selection process of the attorney general of tbe federation. The president cannot have it his own way all the time.

Good un alhaji monguno
Re: Bill To Separate AGF From Justice minister Passes Second Reading by STFUand4kMeHARD(m): 9:54pm On Dec 06, 2016
The Wandering Goat of Aso cause all this with his impunity angry angry

Skinny gambari lost goat
Re: Bill To Separate AGF From Justice minister Passes Second Reading by Nobody: 10:18pm On Dec 06, 2016
Re: Bill To Separate AGF From Justice minister Passes Second Reading by PMBNG(m): 10:20pm On Dec 06, 2016
Lalasticlala, mynd44
Re: Bill To Separate AGF From Justice minister Passes Second Reading by herzern1(m): 8:52am On Dec 07, 2016
Welcome Development.

We need drastic steps from our lawmakers if truly they are after the qrowth of this Nation.

Make severe laws that will discouraqe people from lootinq.Look at China,a political office holder was killed last two months when he was found quilty of corrupt practices.

We need severe laws.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by Icecomrade: 8:52am On Dec 07, 2016

Good move.


After the passage of this Bill

Initiate another bill that would strip EFCC the power to prosecute.

Limit them to investigation.

#SayNoToPoliticalProsecutions

Re: Bill To Separate AGF From Justice minister Passes Second Reading by veekid(m): 8:52am On Dec 07, 2016
Abeg where saraki case touch now?
Re: Bill To Separate AGF From Justice minister Passes Second Reading by bettercreature(m): 8:54am On Dec 07, 2016
They are just wasting their time PMB wont sign these bills
Re: Bill To Separate AGF From Justice minister Passes Second Reading by dingbang(m): 8:54am On Dec 07, 2016
Inec never dey independent, na AGF Wan dey independent.



Mchew.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by UnknownT: 8:55am On Dec 07, 2016
If this bill finally gets signed into law, I for see a war of superiority BTW the Attorney General and Minister of Justice
Re: Bill To Separate AGF From Justice minister Passes Second Reading by evansjeff(m):
More duplication of offices, confusion, supremacy battle, why not make the Chief Justice the Attorney General if you so want to limit the powers of the executive.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by princemillla(m): 9:05am On Dec 07, 2016
Icecomrade:

Good move.


After the passage of this Bill

Initiate another bill that would strip EFCC the power to prosecute.

Limit them to investigation.

#[b]SayNoToPoliticalProsecutions


[/b]
You nailed it
Re: Bill To Separate AGF From Justice minister Passes Second Reading by Nutase: 9:09am On Dec 07, 2016
Nice one
Re: Bill To Separate AGF From Justice minister Passes Second Reading by Frank3n2(m): 9:10am On Dec 07, 2016
Oh!! I love this.. It should be separated!!
Re: Bill To Separate AGF From Justice minister Passes Second Reading by OlujobaSamuel: 9:12am On Dec 07, 2016
hmmmmmmmm, this people no dey reason at all, just wasting funds wey no dey. you cant enact a law that will affect the costitution in any form(good or bad), remove personal interest, then amend the constitution, not all dis law wey no fit fly
Re: Bill To Separate AGF From Justice minister Passes Second Reading by seunmsg(m): 9:15am On Dec 07, 2016
Icecomrade:

Good move.


After the passage of this Bill

Initiate another bill that would strip EFCC the power to prosecute.

Limit them to investigation.

#SayNoToPoliticalProsecutions

We can as well strip ICPC, Police, NDLEA, Custom, Naptip etc of their power to prosecute. Since it's so cool to protect our thieving elites from prosecution, we must take it further by preventing all security agencies from prosecuting poor Nigerians indiscriminately. Let all of them investigate and not prosecute.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by tchimatic(m): 9:16am On Dec 07, 2016
coolJst observing this country!!!
Re: Bill To Separate AGF From Justice minister Passes Second Reading by thinkdip(m): 9:16am On Dec 07, 2016
incredible
Re: Bill To Separate AGF From Justice minister Passes Second Reading by sakalisis(m): 9:17am On Dec 07, 2016
huh
Re: Bill To Separate AGF From Justice minister Passes Second Reading by yedidiah(m): 9:18am On Dec 07, 2016
Somebody that understand should help me explain how the functions of the AGF, will differ from that of the CJN please.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by seunmsg(m): 9:18am On Dec 07, 2016
herzern1:
Welcome Development.

We need drastic steps from our lawmakers if truly they are after the qrowth of this Nation.

Make severe laws that will discouraqe people from lootinq.Look at China,a political office holder was killed last two months when he was found quilty of corrupt practices.

We need severe laws.
How will separating the office of the AGF and the justice ministry discourage looting?

I don't see the president signing this bill anyway but even if he signs, the separation will not achieve anything. The AGF will still dance to the tune of the president whether or not NJC is involved in his/her appointment. We will only end up duplicating the duties of the two offices and creating more bureaucracy to be funded by government. And in essence, more bureaucracy is more corruption.

In the US, the department of justice is the department of justice. It is an institution and the presidents control over it is limited even though the president is responsible for appointing the attorney general. We should keep working towards making our own justice ministry stronger and devoid of political influence instead of separating the two offices and creating unnecessary confusion in the way.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by kulobyno: 9:23am On Dec 07, 2016
Nigerian politicians and self interest
Re: Bill To Separate AGF From Justice minister Passes Second Reading by CSTR13: 9:27am On Dec 07, 2016
In sane climes with functional and non-bigoted presidents, such powers belong to the president, like we see in America.
But here in Nigeria we have something else as president, so the senate has stepped up which is very good.
It is unfortunate that if Nigeria ever gets a decent president maybe in the next 200 years, his power would have been diluted down completely, thanks to the current buffoon we have in aso-rock.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by biggerj(m): 9:28am On Dec 07, 2016
bettercreature:
They are just wasting their time PMB wont sign these bills
de sp can sign a bil in 2 law now ooo so if oga presido no gree sign am sef it wil bcom a law
Re: Bill To Separate AGF From Justice minister Passes Second Reading by ogene007: 9:28am On Dec 07, 2016
kulobyno:
Nigerian politicians and self interest
It is not self interest but simple application of common sense. This is what is obtainable in other climes practicing presidential system of government. Nigeria should not be different.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by nwamehn: 9:36am On Dec 07, 2016
bettercreature:
They are just wasting their time PMB wont sign these bills
With or without the approval of the president, any bill can be signed into law by the national assembly.
What u should be thinking about is if the constitution says that the AGF must be the minister for justice. I know that the constitution says there would be an AGF but I'm not sure whether it says the AGF must be the justice minister, if it says so, that means they can't just amend it like that, it would have to gain approval of 2/3 of the state assemblies before it can be amended, but if it doesn't say so, that means they can amend it even if Buhari refuses to approve.
Re: Bill To Separate AGF From Justice minister Passes Second Reading by blackfase(m): 9:39am On Dec 07, 2016
They can override presidential assent with 2/3rds majority vote....


bettercreature:
They are just wasting their time PMB wont sign these bills
Re: Bill To Separate AGF From Justice minister Passes Second Reading by herzern1(m): 9:39am On Dec 07, 2016
seunmsg:
How will separating the office of the AGF and the justice ministry discourage looting?

I don't see the president signing this bill anyway but even if he signs, the separation will not achieve anything. The AGF will still dance to the tune of the president whether or not NJC is involved in his/her appointment. We will only end up duplicating the duties of the two offices and creating more bureaucracy to be funded by government. And in essence, more bureaucracy is more corruption.

In the US, the department of justice is the department of justice. It is an institution and the presidents control over it is limited even though the president is responsible for appointing the attorney general. We should keep working towards making our own justice ministry stronger and devoid of political influence instead of separating the two offices and creating unnecessary confusion in the way.
I am not in support or aqainst the bill.

I only challenqed the lawmakers to make drastic laws to curb excessive and incessant lootinq in the system.
1 2 Reply

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