Law News
State attorneys-general seek fiat to prosecute federal offences

The Attorneys-General of the various states of the federation have indicated their intention to seek the fiat that will enable them to prosecute federal offences in their states.

Federal offences are those created by federal legislations.

The intention of the state AGs to obtain the federal fiat was contained in the communiqué issued at the end of the meeting of the Body of Attorneys-General of the Federation held in Abuja on July 28.

Our correspondent obtained a copy of the communiqué in Abuja on Wednesday.

The Body of Attorneys-General comprised the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), as the head, and the Attorneys-General and Commissioners for Justice of the 36 states of the federation.

At its meeting, the body deliberated on a number of issues including the need to domesticate the Administration of Criminal Justice Act, 2015, (a federal legislation) in their various states.

The communiqué issued at the end of the meeting indicated that items tabled before the body for further deliberation included, “The issue of the extension of general fiat to all states of the federation to enable them prosecute the federal offences in their states.

“The issue of domestication of the ACJA in their states to ensure uniformity of approach in criminal justice administration, taking into consideration, the peculiarities of each state.

“The issue of funding of prosecutorial activities and compensation of the victims of crime.”

The communiqué indicated that the AGs recognised the effort of the Federal Ministry of Justice in collaborating with the states to drive the reforms in the justice sector and to inspire confidence in the administration of justice.

The body also agreed to meet regularly to discuss other important issues of national interest “that will propel the political and socio-economic development of the nation.”

Meanwhile, the body of has set up a committee to harmonise the prosecution guidelines in various states and to come up with a national model that is applicable to all prosecuting ministries, departments and agencies at both the federal and state levels.

The committee, whose members’ names were not disclosed in the communiqué, had representation from the six geo-political zones of the country.

The committee is expected to resolve the concerns of members and harmonise the policy with other existing Codes of Conduct and Guidelines currently in place in some states.

It is to also put in place a national policy that will meet the hopes and aspirations of all the prosecuting MDAs in the country.

The AGs also agreed on the need to put in place mechanisms and strategies for effective implementation of the Administration of Criminal Justice Act, 2015, which came into force in 2015.

The communiqué read in part, “The Body of Attorneys-General met and deliberated on a wide range of issues, including the draft the National Policy on Prosecution, Code of Conduct and Guidelines for Prosecution. After exhaustive deliberations on the issues presented, the body unanimously resolved as follows:

“The body recognised the need for the National Policy on Prosecution that will provide the needed professional guidelines for prosecutors in the discharge of their duties which is sine qua non to the attainment of effective and efficient administration of criminal justice.

“The body noted and agreed on the need for Attorneys-General to come together to put in place, mechanisms and strategies that will facilitate the effective implementation of the Administration of Criminal Justice Act in their respective states and the country in general.”

Culled from PUNCH.NG