Section 174 of the 1999 Constitution of Nigeria

Section 174 of the Constitution of Nigeria 1999 is about Public prosecutions. It is under Chapter VI (The Executive) of the Act.

(1) The Attorney-General of the Federation shall have power –
(a) to institute and undertake criminal proceedings against any
person before any court of law in Nigeria, other than a courtmartial, in respect of any offence created by or under any Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and

(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.

(2) The powers conferred upon the Attorney-General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department.

(3) In exercising his powers under this section, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.

Credit: Policy and Legal Advocacy Centre (PLAC)