Constitutional Lawyer, Ikenna Ahumibe Supports  Proposed 1999 Constitution Amendment  …urges National Assembly to take cognizance of sections 174, 211

By Anyi Lemchi

A Constitutional and Human Rights Lawyer, Ikenna Ahumibe Esq has thrown his weight behind the proposed Amendment of 1999 constitution by the National Assembly.

Ahumibe in a letter he addressed to the Senate President, Senator Godswill Akpabio, dated 11th November, 2025, he pointed out that there is urgent need to amend the constitution, adding that section 174 and 211 should be given adequate attention by the National Assembly.

According to him; “As a constitutional Lawyer and Staunch Advocate for the rule of law, I am compelled to express my views on this matter, urging the National Assembly to consider a critical amendment to Section 174 and 211 of the 1999 constitution as amended which vest prosecutorial powers in the Attorney- General Of the Federation and the State Attorneys General respectively.”

“The current provisions of the constitution grant these law officers the discretion to initiate, takeover or discontinue criminal proceedings in any Court of law.”

“Experience over the past two decades has shown that such powers have frequently been abused, not in furtherance of Justice or the public good but to protect political allies , shield corrupt individuals or settle personal or partisan scores.”

“The constitution framer could have reasonably intended to grant such unbridled discretion to be exercised without sufficient checks and balances especially in a developing democracy, still grappling

 with the politicization of law enforcement.”

” I humbly urge the National Assembly to take cognizance of the need to amend section 174 (l) (c) and 211 (1) (c) to include clear limitations to the power of discontinuance ( nolle prosequi) such that ;

(1) No discontinuance of criminal proceedings shall be done without prior judicial oversight or authorization by a specially constituted panel of Senior Legal officers or Judges.

(2) Public Interest, justice and accountability must be clearly demonstrated before such powers are exercised

(3) A framework for transparency and reporting should accompany any use of these powers with National Assembly oversight where applicable”.

“Such an amendment will preserve the independence of the judiciary, promote public confidence in the prosecutional  process and strengthen Nigeria Anti corruption and criminal justice systems.”