THE DISCRETIONARY POWERS OF THE ATTORNEY GENERAL : IS THE AG ANSWERABLE TO THE PUBLIC?

Abstract

This article examines the nature and extent of discretionary powers of the Attorney-General. Through legal doctrinal methodology, the article explores the question of whether the execution of such powers can be subject to public scrutiny. With reference to provisions of the Federal Constitution and several decided cases, the article finds that the Attorney-General’s discretion cannot be completely unrestrained and can be called to question by the courts when such discretion is employed improperly. Additionally, it is recommended that the Attorney-General must be accountable to Parliament and not the Executive.

Keywords: Attorney-General, discretionary powers, accountability