76

Article 76 1. There shall be an Attorney-General who shall be appointed by the President from candidates proposed by the Constitutional Appointments Authority. 2. A person shall hold office as Attorney-General for a term of not more than seven years and is eligible for reappointment at the end of a term of office. 3. A person shall not be appointed to the office of Attorney-General unless the person is qualified for appointment to the office of Judge. 4. The Attorney-General shall be the principal legal adviser to the Government and, subject to clause (11), shall have power, in any case in which the Attorney-General considers it desirable so to do - a. to institute and undertake criminal proceedings against any person before any court in respect of any offence alleged to have been committed by that person; b. to take over and continue any such criminal proceedings that have been instituted or under taken by any other person or authority; and c. to discontinue at any stage before judgment is delivered any criminal proceedings instituted or undertaken under sub clause (a) or by any other person or authority. 5. The powers of the Attorney-General under clause (4) may be exercised by the Attorney-General in person or by subordinate officers acting in accordance with the general or special instructions of the Attorney-General. 6. Subject to clause (7), the power conferred on the Attorney-General by clause (4) (b) to take over any proceedings or by clause (4) (c) to discontinue any proceedings shall be vested in the Attorney-General to the exclusion of any other person or authority. 7. Where a person or authority, other than the Attorney General, has instituted criminal proceedings, nothing in clause (6) shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court. 8. Subject to clause (9), for the purposes of this Article, any appeal from any judgment In any criminal proceedings before any court, or any question of law reserved for the purpose of any such proceedings to any other court, shall be deemed to be part of those proceedings. 9. The power conferred on the Attorney-General by clause (4) (c) shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any question of law reserved at the instance of such a person. 10. In the exercise of the – powers vested in the Attorney-General by clause (4), the Attorney-General shall not be subject to the direction or control of any other person or authority. 11. An Act may make provision with respect to the institution of proceedings by a person or authority, other than the Attorney-General, before a military court or a tribunal established by or under the Act for the trial of military offences committed by persons subject to military law, and unless the Act otherwise provides, the power under clause (4) shall not be exercisable by the Attorney-General in relation to any such person in respect of any such offence. 12. The salary, allowances, pension or gratuity payable to the Attorney-General shall be a charge on the Consolidated Fund. 13. Subject to Article 165, the term and conditions on which a person has been appointed to the off ice of Attorney-General shall not be altered to the disadvantage of the person after the appointment. LEGISLATURE NATIONAL ASSEMBLY