The Quiet Restoration of the Attorney General of Federation’s Office

By Lemmy Ughegbe, Ph.D

For years, the office of the Attorney General of the Federation (AGF) found itself at the centre of controversies that often overshadowed its constitutional importance. Debates raged over whether the office should be separated from that of the Minister of Justice. Critics lamented what they perceived as creeping politicisation, while public confidence in the office steadily eroded.

Today, however, something remarkable appears to be happening. Quietly and without fanfare, the dignity and prestige of that office are being restored. Much of the credit for this belongs to Prince Lateef Olasunkanmi Fagbemi (SAN) whose stewardship as Attorney General of the Federation and Minister of Justice has been marked not by noise, but by professionalism, restraint and a profound respect for the institution he leads.

Against this backdrop, the relative calm that has characterised Fagbemi’s tenure should not be mistaken for inactivity. Far from it. Perhaps his most consequential intervention has been the legal battle for local government autonomy.

For decades, local governments existed largely at the mercy of state governments, with allocations often subjected to varying degrees of control and interference.

Under Fagbemi’s watch, the Federal Government took the politically risky decision of approaching the Supreme Court to challenge the practice.

The resulting judgment, which affirmed the financial autonomy of local governments, may eventually rank among the most important constitutional decisions of the Fourth Republic.

Whatever difficulties may arise in implementation, the case represented a bold attempt to deepen grassroots democracy and strengthen constitutional governance.

In fairness, the AGF has done his bit.The law has spoken. The Supreme Court has pronounced itself in clear and unambiguous terms. The responsibility now shifts from the courtroom to politics and governance.

It is now up to President Bola Ahmed Tinubu to demonstrate the political will required to ensure obedience to the judgment and guarantee that local governments receive their allocations directly from the Federation Account.

History may ultimately judge the case not by the brilliance of the legal arguments that secured victory, but by the fidelity with which the judgment is implemented.

After all, court judgments derive their true value not from the eloquence of their pronouncements, but from the willingness of governments to obey them.

Equally significant has been the increasing emphasis on terrorism prosecutions. For years, Nigerians demanded not merely arrests but convictions. After all, the true test of criminal justice is not simply the apprehension of suspects. It is securing convictions through due process.

The successful prosecution of those responsible for the horrific Owo Catholic Church massacre demonstrated that counterterrorism does not end on the battlefield. It ends in the courtroom.
Security victories are ultimately consolidated through convictions. In this regard, the Ministry of Justice under Fagbemi has played an indispensable role.

Another example of measured leadership emerged during the controversy surrounding the prosecution of minors arrested in connection with the EndBadGovernance protests. Public outrage followed the arraignment of visibly malnourished children on treason charges.

Rather than dig in, the AGF intervened, demanded the case file and subsequently directed that the charges be discontinued. It was a reminder that prosecutorial powers are not merely instruments of punishment. They are also instruments of justice. At a time when emotions were high, the AGF chose restraint over vengeance and compassion over rigidity.

Perhaps equally noteworthy is what has not happened. Unlike previous eras when Attorneys-General frequently found themselves at the centre of public controversies and institutional confrontations, Fagbemi has largely allowed the courts and the law to speak.

He has conducted himself with the restraint, dignity and professionalism expected of the nation’s chief law officer.

Indeed, one of the most striking features of his stewardship has been his evident determination to distance both himself and his office from the temptations of partisan politics.

He has neither sought political relevance nor attempted to transform the office into a platform for political grandstanding.

That distinction matters.

Because the office of the AGF is too important to become merely another political office.

Indeed, for years, legal scholars and public affairs commentators vigorously debated whether the office of the AGF should be separated from that of the Minister of Justice.

The argument was driven largely by concerns that the fusion of both offices often created tensions between professional legal responsibilities and partisan political considerations.

Successive controversies involving some occupants of the office only strengthened calls for such constitutional surgery.

Curiously, the intensity of that debate has diminished considerably under the stewardship of Prince Lateef Olasunkanmi Fagbemi.

Perhaps this is because public confidence has gradually been restored through the conduct of a quintessential gentleman who has approached the office with restraint, professionalism and dignity.

His tenure serves as a reminder that institutions do not always fail because of their design.

Sometimes, they fail because of the character of those entrusted with them.

And sometimes, what appears to require constitutional amendment merely requires the right occupant.

That, perhaps, is one of the quiet but profound lessons of the present stewardship.

No AGF can satisfy everyone.

Nor should any public official be insulated from criticism.

But criticism should not prevent recognition where recognition is deserved.

Perhaps the greatest achievement of the current AGF lies not in any single case.

It lies in restoring dignity and prestige to an office whose credibility had, at different times, come under strain.

Politics rewards noise. History rewards results.

And while it may still be too early to deliver a definitive verdict on his tenure, there are sufficient indicators to suggest that Prince Lateef Olasunkanmi Fagbemi is attempting something increasingly rare in Nigerian public life.

He is placing institution above personality.

Process above spectacle.

Law above politics.

That, in itself, is worthy of notice.

Because in a country often distracted by noise, quiet reforms can sometimes become the most enduring legacy of all.

And perhaps that is the quiet restoration of the AGF’s Office.

Dr Lemmy Ughegbe, FIMC, CMC
lemmyughegbeofficial@gmail.com
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