The Legal Practitioners Disciplinary Committee (LPDC) sitting in Asaba has struck out a suit by Chief Mike Chukwuka Nwukoni on an application for an abuse of power and usurpation of power of the Attorney-General of the federation
In the petition submitted to the LPDC on the 30th of October, 2020 and titled “RE- CHARGE NO. A/2060/2019: INSPECTOR GENERAL OF POLICE V CHIEF COLLINS UCHE AFUWAH. A CASE OF FLAGRANT ABUSE OF OFFICE BY THE HON. ATTORNEY GENERAL OF DELTA STATE AND USURPATION OF THE CONSTITUTIONAL POWERS VESTED IN THE HON. ATTORNEY GENERAL OF THE FEDERATION PURSUANT TO SECTION 174 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA” the petitioner claimed that that the Respondent, Peter Mkrapor SAN, while occupying the office of the Honourable Attorney General of Delta State and Commissioner of Justice took over the prosecution of Charge NO: A/2060/2019, which bordered on federal offence from the Inspector General of Police and thus usurped the powers of the Honourable Attorney General of the Federation.
The complaint also further claimed that the Silk while he held sway as Attorney – General abused his office and acted ultra vires his powers when he directed that the Certificate of Chieftaincy issued to the Applicant be withdrawn, and also signed terms of settlement in Suit No: A/49/2019 to that effect and these are allegedly contrary to the judgment of the Supreme Court in SC/55/2010.
The LPDC in their judgement, highlighted that the claims of the former Attorney-General backed with evidence that he at no time usurped the powers of the attorney-general of the federation, rather in the case under review, he acted within the ambits of his power as provided for in Section 211 of the Constitution of the Federal Republic of Nigeria 1999 as amended which empowers Attorney General of a state with the power to take over and continue any criminal proceedings that have been instituted by any other authority or person, the suit was struck out.
