Nolle Prosequi: Comparative Assessment of the power of the Attorney-General in Nigeria and the United Kingdom

Introduction: Nolle prosequi is a Latin word which means “do not wish to proceed.” The court in the case of Ogbonna v Ogbonna & Anor1 defined Nolle Prosequi as a formal notice of discontinuance of an action lodge by the prosecution. It is only the Attorney-General that has the constitutional power to discontinue a criminal proceeding.2 The Attorney General enjoys several constitutional and statutory powers amongst which is the power to initiate, take over and terminate legal proceedings in all courts in Nigeria except a court martial. The power to terminate legal proceedings is known as the power of nolle prosequi. This has continued to dominate legal and political discourse because of the perceived abuse of the power by unscrupulous Attorney-Generals. The main reason for this principle of law is the power that initiate a case should also have the power to terminate it. At Common Law the power to prosecute all criminal cases other than Court Martial is vested in the Attorney-General.3 When nolle prosequi is entered in a case, it is a legal notice to the court that the Attorney-General has decided to abandon the prosecution or the lawsuit.