The Solicitor General of the Federation in the absence of the Attorney General of the federation may perform any of the duties. This simply means that the Solicitor General has the discretion or choice to perform any of the duties the Attorney General can perform.
The power of Nolle Prosequi is personal to the Attorney General and where there is no incumbent/sitting Attorney General, this power cannot be exercised by Solicitor General unlike other powers of the Attorney General which can be exercised by law officers in the Attorney General’s office even where there is no sitting Attorney General and so the Solicitor General cannot exercise this power.
The effect of the absence of Attorney General from office either on the basis of non-appointment of one or on the basis of infirmity of the body or mind of the occupant of that office, that office must remain alive and active. Assignments placed on the office by the constitution or other statutes must not stagnate but must be carried out by other competent officers of the office.
That the Law Officers’ Act as a complimentary law to the provisions of the constitution gives the Solicitor General the power to competently steps into the shoes of the Attorney General to exercise the powers conferred on him by any statute or the Constitution. The Law Officers Act details the matter of delegation of powers conferred on the Attorney General by statute on the Solicitor General whenever there is no incumbent Attorney General in office