(2)
Justices and Judges may be removed by an order of the President for gross
misconduct, incompetence and incapacity and upon the recommendation of the
National Judicial Service Commission.
PART EIGHT
PUBLIC ATTORNEYS AND ADVOCACY
Public Attorneys and Legal Advisors
136.
(1)
The Public Attorneys and Legal Advisors shall be under the National Ministry of
Justice.
(2)
The Minister of Justice shall be the chief Legal Advisor and the prosecuting
authority at all levels of government, and shall perform such other functions of
legal nature as may be prescribed by law.
(3)
Public Attorneys and Legal Advisors shall advise all levels of government,
represent them in public prosecution, litigation, adjudication, and conduct pre-trial
proceedings. They shall recommend law reform, strive to protect public and
private rights, advise on legal issues and shall render legal aid.
(4)
Without prejudice to the generality of sub-Article (3) above, the courts shall have
power to supervise pre-trial proceedings in the interest of justice.
(5)
Public Attorneys and Legal Advisors at all levels of government shall perform
their duties diligently according to this Constitution and the law.
(6)
Without prejudice to the generality of sub-Article (2) above, the Minister of
Justice shall be responsible for:
(a)
(b)
(c)
(d)
drawing up, perusing and recommending approval or otherwise, of such
agreements, contracts, treaties, international conventions and instruments
to which the Government is a party or in respect of which the Government
has an interest.
representing the government in court or any other legal proceedings to
which any level of government is a party;
drafting legislation, including subsidiary legislation, for the government
and;
performing such other functions as may be assigned to him or her by the
President or the law.
(7)
All executive institutions and organs of government at all levels shall comply with
legal advice duly given by the Minister of Justice.
(8)
The functions, immunities, emoluments, and terms and conditions of service of
the Public Attorneys and Legal Advisors shall be prescribed by law.
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