The Attorney General enjoys several constitutional and statutorily conferred 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 ( also known as the power of nolle prosequi have continued to dominate legal and political discourse because of the perceived abuse of the power by succeeding Attorney Generals. With the pronouncement regarding the powers of the Attorney General in State v Ilori, the question often asked is whether the Attorney General is above the jurisdiction of the courts.
To answer this question, this paper examines the decision in State v. Ilori against the clear provisions of the constitution and proffers solution out of the quagmire
Keywords: Attorney general, Nolle prosequi, State v. Ilori
