13 of 2001(1) There shall be the office of Attorney General, who shall be the principal legal
adviser to the Government.
(2) Any powers vested in the office of the Attorney General may be exercised by the person
appointed to that office or, subject to his or her general or special instructions by—
(a)
persons in the public service acting as his or her subordinates; or
(b)
such other legally qualified persons acting on the instructions of the Attorney General.
(3) Appointment to the office of Attorney General shall be made by the President.
(4) The office of Attorney General shall where it is held by a person employed in the public
service, become vacant after the person holding that office has served for five years, or on his or her
resignation or retirement or up to the end of the President’s term of office whichever is sooner.
(5) The office of Attorney General may either be the office of a Minister or may be a public
office.
(6) The Attorney General shall be subject to removal by the President on the grounds of
incompetence, incapacity or being compromised in the exercise of his duties to the extent that his
ability to give impartial legal advice is seriously in question.
[Ch0000s99]99. The Director of Public Prosecution
1 of 1997, 13 of 2001(1) There shall be a Director of Public Prosecutions, whose office shall be a
public office.
(2) The Director of Public Prosecutions shall have power in any criminal case in which he or she
considers it desirable so to do—
(a)
to institute and undertake criminal proceedings against any person before any court
(other than a court-martial) in respect of any offence alleged to have been committed by that person;
(b)
to take over and continue any criminal proceedings which have been instituted or
undertaken by any other person or authority; and
(c)
subject to subsection (5) to discontinue at any stage before judgment is delivered any
criminal proceedings instituted or undertaken by himself or herself or any other person or authority.
1 of 1997, 13 of 2001(3) Subject to section 101 (2), the powers conferred on the Director of
Public Prosecutions by subsection (2) (b) and (c) shall be vested in him or her to the exclusion of any
other person or authority and whenever exercised, reasons for the exercise shall be provided to the
Legal Affairs Committee of the National Assembly within ten days: