The Human and Environmental Development Agenda (HEDA Resource Centre), has called on the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, (SAN), to immediately reinstate the criminal charges against former Managing Director of the Asset Management Corporation of Nigeria (AMCON), Mr. Ahmed Kuru.
In a petition signed by its Chairman, Mr. Olanrewaju Suraju, and addressed to the Attorney-General of the Federation, the civil society organization expressed grave concern over the decision of the Justice Minister to discontinue criminal proceedings against Mr. Kuru, despite the fact that the case was being prosecuted under the Criminal Law of Lagos State, according to a statement on Sunday.
Recall that on August 12, 2025, a medium reported that Justice Rahman Oshodi of the Lagos State High Court discharged the defendant following a Notice of Discontinuance filed by the Director of Public Prosecution on behalf of the AGF.
HEDA Nigeria’s foremost anti-corruption and human rights organization, stressed that the AGF acted outside the scope of his constitutional powers, insisting that Section 174 of the 1999 Constitution only empowers the AGF to discontinue criminal cases arising from Federal Laws Acts of the National Assembly, and not cases instituted under state laws.
Further citing the Supreme Court decision in FRN v. Osahon (2006) 5 NWLR (Pt. 973) 361, the anti-corruption organization argued that matters arising from state laws remain the exclusive jurisdiction of the Attorney General of the State, in line with Section 211 of the Constitution. The group further referenced State v. Ilori (1983) 1 SCNLR 94 to reinforce its argument.
According to HEDA, “Criminal defense is an opportunity for the accused to clear his name, not a political shield from justice. Allowing the case to proceed is in the best interest of justice, particularly as Mr. Kuru’s co-defendant has already admitted guilt through a plea bargain and forfeited proceeds of the crime to the EFCC.”
The civil organization therefore demanded the immediate reinstatement of charges against Mr. Kuru and other defendants. It warned that failure by the AGF to act within 14 days would compel HEDA to petition the Nigerian Bar Association’s Disciplinary Committee for abuse of office and explore other local and international legal actions.
The organisation reminded the Attorney General of a failed similar attempt by his immediate predecessor Abubakar Malami, in the case against an in-law to former President Olusegun Obasanjo, John Abebe in 2018, in which the current Special Adviser in the AGF’s office and efcc prosecutor, Rotimi Oyedepo SAN, vehemently opposed Malami’s request and persuaded Justice Dada against granting The request, on the simple ground that only AG of Lagos State is constitutionally empowered to effect such withdrawal or take Over.
The civil society organization further reaffirmed its unwavering commitment to the fight against corruption, the defense of human rights, and the pursuit of justice in Nigeria.
