ABSTRACT

This chapter explores the concepts of independence, accountability and security of tenure of a prosecutor in Nigeria in the context of the Nigerian legal system. A legal system based on respect for the rule of law also needs strong, independent and impartial prosecutors who are willing resolutely to investigate and prosecute suspected crimes regardless of the status of the suspect. Prosecutorial independence is inevitably dependent on the location of the prosecutorial organ in the structure of government and also the rules governing appointment and career of the office. Its authorities must be sufficiently independent from external influence to permit the fair and impartial application of the law and prosecution policy. The chapter examines the arguments for the separation of the office of the Attorney General of the Federation from the Minister of Justice particularly in light of recent constitutional proposals.