Ex-AGF, Aondoakaa Faults Federal Lawmakers’ Move to Separate AGF, Justice Offices

Wale Igbintade

A former Attorney General of the Federation (AGF) and Minister of Justice, Mr. Michael Aondoakaa (SAN), has expressed concerns over the proposal by the House of Representatives to separate the offices of the AGF from that of the Minister of Justice.

The bill, co-sponsored by Peoples Democratic Party lawmakers – Mansur Soro (Bauchi State) and Oluwole Oke (Osun State), also aims to separate the roles of the Attorney General and the Commissioner of Justice at the state level.
The bill is receiving legislative input from the House Committee on Constitution Review, chaired by the Deputy Speaker, Benjamin Kalu.

The bill is seeking alteration to Section 150 of the Constitution of the 1999 Constitution (as amended) with the introduction of sub-section 1 to read, “There shall be an Attorney-General of the Federation who shall be the Chief Law Officer of the Federation different from the person occupying the position of the Minister of Justice to be appointed by the President, subject to the confirmation of the Senate.”

Also, the bill seeks to introduce a sub-section to Section 195 of the Constitution. The new sub-section to be introduced reads, “There shall be an Attorney-General for each State who shall be the Chief Law Officer of the State to be appointed by the Governor, subject to the confirmation of the House of Assembly.”

In an interview with ARISE NEWS Channel, Aondoakaa questioned the intent behind the amendment, noting that Section 150 of the 1999 Constitution does not recognise the position of Minister of Justice.
He argued that there is no ambiguity in Section 150 that would justify creating a separate constitutional office for the Ministry of Justice.

“The Constitution specifically states that there shall be an Attorney General of the Federation, who serves as both the chief legal officer and a minister in the council. I see no conflict here.
“If the proposal intends to create a constitutional office for the Ministry of Justice, that is an entirely different matter,” Aondoakaa said.

Aondoakaa further clarified that while the National Assembly has the authority to create ministries, it has not established a Ministry of Justice.
He argued that the Ministry of Justice, like other ministries, is an executive function assigned by the President, not a constitutional office.

He raised concerns about the potential consequences of separating the offices, questioning whether similar amendments might be proposed for other ministries, such as the Ministry of Finance.
Referring to Section 150, Aondoakaa emphasised that the Constitution only recognises the office of the Attorney General, not the Minister of Justice.
“There is no conflict that warrants the proposed separation.  The Attorney General is constitutionally recognized with specific responsibilities and is included in the executive structure by the president,” he said.