On August 12, 2025, it was reported that Hon. 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.
The Human and Environmental Development Agenda (HEDA Resource Centre), an anti-corruption and human rights organisation, has called on the Attorney-General of the Federation (AGF), Prince Lateef Fagbemi, SAN, to immediately reinstate the criminal charges against Mr. Ahmed Kuru, former Managing Director of the Asset Management Corporation of Nigeria (AMCON).
In a petition signed by its Chairman, Mr. Olanrewaju Suraju, and addressed to the AGF, 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.
On August 12, 2025, it was reported that Hon. 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 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 organization reiterated 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.
HEDA said, “Criminal defence 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 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 recalled a similar failed move in 2018 when then-Attorney General Abubakar Malami sought to withdraw a case against John Abebe, an in-law to former President Olusegun Obasanjo.
At the time, Rotimi Oyedepo SAN—now a Special Adviser in the AGF’s office and an EFCC prosecutor—strongly opposed Malami’s request and convinced Justice Dada to reject it, arguing that only the Lagos State Attorney General had the constitutional authority to take such action. The civil society organization further reaffirmed its unwavering commitment to the fight against corruption, the defence of human rights, and the pursuit of justice in Nigeria.
Credit: Sahara Reporters
