Section 174 of the Constitution said inter Alia, “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 respect of any offense 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 undertaking by him or any other authority or person.”
Kanu’s counsel said since the Constitution in sub-section C of section 174 gave the attorney general and minister of justice to discontinue at any stage before judgment is delivered in any criminal proceedings, it would not amount to interference by the executive should Kanu’s case be discontinued.
He, therefore, urged the president to act divisively in the instant case as he would not be acting contrary to the Constitution or interfering in the affairs of the judiciary.