The Human and Environmental Development Agenda (HEDA) has given the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, 14 14-day ultimatum to reinstate criminal charges against former Asset Management Corporation of Nigeria (AMCON) boss, Ahmed Kuru.

In a petition signed by its chairman, Olanrewaju Suraju, and addressed to Mr Fagbemi, the anti-corruption advocacy group condemned the AGF’s decision to discontinue the case, insisting that the justice minister acted outside the powers granted to his office under the 1999 Constitution.

The withdrawal was effected through the Director of Public Prosecutions of the Federation, M.B. Abubakar, who filed a notice of discontinuance dated July 24, 2025.

The Economic and Financial Crimes Commission (EFCC) had on February 11, 2025, arraigned Mr Kuru on six amended counts marked ID/24960C/2024, bordering on conspiracy, stealing, and transfer of property derived from an illegal act. He pleaded not guilty.

Mr Kuru was charged alongside Sigma Golf Nigeria Limited. On the day of arraignment, Sigma Golf entered a guilty plea pursuant to a plea bargain with the EFCC and was convicted.

Following the conviction, Justice Rahman Oshodi ordered the forfeiture of 6.3 billion units of ordinary shares in Keystone Bank Limited — valued at N1 each — to the federal government.

The forfeiture was tied to Sigma Golf’s admission of fraudulently converting N20 billion belonging to AMCON.

The EFCC revealed that the diverted funds were channelled through Heritage Bank to benefit Sigma Golf in its acquisition of Keystone Bank.

It also accused Mr Kuru, alongside the former managing director of Heritage Bank, Ifie Sekibo (now at large), of dishonestly converting N20bn of AMCON funds and transferring another N20bn derived from theft to conceal its source.

On August 12, Mr Oshodi of the Lagos State High Court discharged Mr Kuru after the federal government, through the Director of Public Prosecution, filed a notice of discontinuance on behalf of the AGF.

But HEDA maintained that the AGF has no authority to interfere in matters filed under state laws, citing Section 174 of the constitution, which only empowers him to take over or withdraw cases instituted under federal statutes. It stressed that only state attorneys-general can exercise such powers in cases brought under state laws, as reinforced by Section 211 of the Constitution.

The group referenced multiple Supreme Court rulings, including FRN v. Osahon (2006) and State v. Ilori (1983), to support its stance.

“Criminal defence is an opportunity for the accused to clear his name, not a political shield from justice,” HEDA stated. “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 crime to the EFCC.”

The organisation warned that if Mr Fagbemi fails to reinstate the charges within 14 days, it would petition the Nigerian Bar Association’s disciplinary committee over alleged abuse of office, while also exploring local and international legal remedies.

HEDA further recalled how former AGF Abubakar Malami attempted a similar move in 2018 in the case involving John Abebe, in-law of former President Olusegun Obasanjo, but was blocked after prosecutor Rotimi Oyedepo, now a special adviser in the AGF’s office, successfully argued that only the Lagos State Attorney-General could make such a withdrawal.

Reaffirming its commitment to fighting corruption and defending human rights, the group said it would continue to resist executive overreach capable of undermining the justice system.