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You Lack Power To Prosecute Offences Under Electoral Act – Court Tells AGF

Published

3 months ago

March 17, 2025

The Federal High Court in Abuja on Monday held that the Attorney General of the Federation (AGF) and Minister of Justice lacked requisite power and authority to initiate, maintain and prosecute offences under the Electoral Act, 2022.

Justice Inyang Ekwo made the declaration while delivering judgement in a suit marked FHC/ABJ/CS/1038/23 instituted by the governorship candidate of the Peoples Democratic Party (PDP) in the 2023 governorship election in Ogun State, Oladipupo Adebutu and nine others with the AGF/Minister of Justice as the sole defendant.

The plaintiffs had, in their Originating Summons prayed the court to stop the office of the AGF from prosecuting them over an allegation of vote-buying levelled against them by Ogun State governor, Dapo Abiodun, and the All Progressives Congress (APC).

They prayed the court to hold that the AGF cannot initiate, commence and continue the prosecution of electoral offences under the provisions of the Electoral Act, 2022, in view of sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution.

They asked the court to determine whether the prosecution of electoral offences under the Electoral Act, 2022 is not the exclusive reserve of the Independent National Electoral Commission (INEC) in line with Section 145(2) of the Electoral Act and sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution.

Justice Ekwo, in his judgement, agreed with the plaintiffs that it is only INEC that can initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.

The judge further held that the initiation, commencement and prosecution of electoral offences under the Electoral Act, 2022, by the Office of the AGF and Minister of Justice is a violation of sections 153, 158, 160 and Paragraph 15, Part 1, 3rd Schedule of the Constitution and sections 144 and 145(2) of the Electoral Act and the Independence of INEC

Justice Ekwo said the act of the defendant by exercising the power to prosecute the plaintiffs in a manner not in accordance with the law is ultra vires, adding,

“The power of the AGF to take over any proceedings can be challenged if the exercise of the power is not in accordance with the law.”

The court however did no grant some of the prayers of the plaintiffs, saying that will amount to tampering with decisions of courts of coordinate jurisdiction but held that the plaintiff (Adebutu) has established his case according to the law and is entitled to justice.

The plaintiffs in their suit, prayed the court to determine whether since the facts which formed the fulcrum of charge No. AB/10c/2023 are also the facts which formed the defence and response/allegations of Dapo Abiodun and the APC at the Ogun State Governorship Election Petition Tribunal, the filing of the charge is not subjudice and an abuse of court processes capable of overreacting the Tribunal.

“Whether the initiation of criminal prosecution against the plaintiffs, who are PDP members by the AGF, who is a member of the APC in respect of the dispute which emanated from the March 18, 2023 governorship election in Ogun state is not an abuse of power, illegal, invalid and void.”

The plaintiffs also prayed the court to declare that it is out of the power of the AGF to arraign, maintain and continue their prosecution for alleged electoral offences before the Ogun State High Court in charge No. AB/10c/2023 as well as an order of perpetual injunction restraining the AGF from arraigning and continuing their prosecution for alleged offences created under the Electoral Act in charge between the Federal Republic of Nigeria verses Oladipupo Adebutu and others before the High Court of Ogun State.

An affidavit in support of plaintiffs’ originating summons averred that Dapo Abiodun and the APC, through the Ogun State APC chairman, Yemi Sanusi, wrote a frivolous and baseless petition to the AGF, accusing the first plaintiff (Oladipupo Adebutu) of vote buying during the governorship election, calling for his investigation which was after he (Adebutu ) has filed his election petition before the Tribunal.

The AGF, through the Director of Public Prosecution, wrote to the police asking them to investigate the petition of Yemi Sanusi, which culminated in the police inviting the first plaintiff to report at their office on May 2, 2023.

The affidavit averred that the AGF used an interim report of an investigation which has not been completed to file a charge against the plaintiffs and arraigned them before the Ogun State High Court, Abeokuta Division.

The affidavit said the charge is alleging the offence of vote buying against the plaintiffs during the state governorship election, when they were never arrested, and neither did INEC write to the police to investigate any vote buying allegation against the first plaintiff.

News

Okpebholo’s ₦100b Loan Generates Reactions, Controversy

Published

26 minutes ago

June 25, 2025

Editor

A Hundred Billion Naira loan approved by the Edo State House of Assembly as support for Governor Monday Okpebholo’s administration in delivering key infrastructural projects across the state is generating controversy and reactions from the public.

In a phone-in programme on Benin-based B-Side Radio 98.1FM, while some callers asked the presenter to crosscheck if the loan really amounts to ₦100b or ₦100m, some questioned the rationale behind such a huge loan.

Also, while some callers chided Okpebholo’s administration for such a huge loan, some callers into the programme asked if such a huge loan is what the state needs at the moment in whatsoever infrastructure it may be used for, arguing that poverty and insecurity has taken over the state.

The callere urged the governor to address pressing issues such as insecurity and hardship rather than things that ordinarily does not add values to their lives.

The Edo State House of Assembly had yesterday
approved a ₦100 billion loan facility from First Bank of Nigeria PLC to support Governor Monday Okpebholo’s administration in delivering key infrastructural projects across the state.

According to the State Assembly, the loan will be utilized to finance major infrastructural developments, contractor financing, and urban renewal projects in line with the Governor’s five-point development agenda.

These projects are expected to boost economic growth, improve transportation, create job opportunities, and enhance the overall quality of life for Edo citizens.

Speaking during the plenary session, the Majority Leader, Hon. Jonathan Ibhamawu, highlighted several key projects the loan would support. These include the construction of flyover bridges at Ikpoba-Hill, Dawson Junction, and Adesuwa Junction in Benin City, as well as the development of major roads in Edo Central ,Edo South and Edo North Senatorial Districts.

Hon. Ibhamawu also explained that while the state government has budgeted for these developments, revenue allocations from the federal level have fallen short of expectations, making the loan necessary to meet the administration’s goals.

The Speaker, Hon Blessing Agbebaku, emphasized that his local government Owan West and other local government would also benefit significantly from the infrastructural projects. The loan approval was passed through a voice vote by the lawmakers, after which the Speaker directed the Clerk, Alhaji Yahaya Audu Omogbai, to forward clean copies of the resolution to the Governor.

News

IPOB Rejects FG’s Ranching Proposal, Says It’s ‘Land Grabbing’

Published

2 hours ago

June 25, 2025

Editor

The Indigenous People of Biafra, has condemned the announcement by President Bola Tinubu, proposing the establishment of cattle ranches in Abuja, the ancestral homeland of the Gbagi people and other states across the country.

The pro-Biafran group said the move is nothing but Ruga repackaged and a sinister land-grabbing strategy cloaked in government policy.

In a press statement released on Tuesday, IPOB spokesman, Emma Powerful, said it is a shame that in the 21st century, the Federal Government is prioritising cow colonies over education, security, and innovation.

Powerful said what began as the “need for grazing” centuries ago led to the total subjugation of proud territories, adding, “the rise of alien emirates, and the transformation of indigenous owners of the land into strangers in their ancestral homes. Abuja is about to witness the same fate if this madness is not stopped.”

The statement read in part, “President Tinubu unaware that no sensible country in the world keeps cattle around its capital city?

“Let him point to any major city—from Nairobi to New Delhi, São Paulo to Seoul—where cattle are granted permanent settlements around central governance zones.

“This absurdity is uniquely Nigerian, and disgracefully so.”

While saying that the land around Abuja belongs to the Gbagi people, Powerful said, “To dispossess them by executive fiat is an unforgivable act of aggression and cultural genocide.”

He added, “Today, the Gbagi are being pushed to the margins; tomorrow, there will be an Emir of Abuja. And in 60 years—just like what befell the Hausas—the Gbagi will be footnotes in history, reduced to relics of their own heritage.

“Let it be known that IPOB shall resist any attempt—direct or indirect—to impose this toxic expansionist agenda anywhere in Biafraland. No inch of our territory will be given for herder settlements, cattle corridors, or so-called ranching. Our forests, our villages, our farmlands are sacred to us—not bargaining chips in a federal contract of death.

“Let them be transported by rail, just as is done in civilised societies. That’s how a serious nation handles its livestock economy—not by slaughtering indigenous peoples and seizing their homes under the guise of ranching.”

According to him, no progressive nation erects ranches next to homes, schools, and marketplaces. The fact that this administration cannot comprehend this basic logic is a reflection of its failure, not ours.

“IPOB stands with the Gbagi people and every other indigenous nationality facing existential threats from Fulani neo-colonial conquest dressed up as national policy. Our diversity must be respected, our cultures preserved, and our ancestral lands protected. Let the killings in the name of cows stop. Let the bloodletting cease. Let Nigeria choose reason over ruin,” the statement added.

News

MultiChoice Cuts DStv Decoder Price By 50% To Attract Subscribers

Published

2 hours ago

June 25, 2025

Editor

MultiChoice Nigeria has slashed the price of its DStv decoder by 50 per cent, dropping it from ₦20,000 to ₦10,000.

The company announced that the move aimed to attract more customers and curb declining subscriptions.

According to the firm’s Chief Executive Officer, John Ugbe, in a statement released on Tuesday, the offer was a way of rewarding customer loyalty and delivering enhanced value to subscribers.

“We want to ensure our customers feel appreciated and have access to the best entertainment every day. The ‘We Got You’ campaign is about making premium content more accessible and showing that DStv offers something for everyone, not just football fans.

“By repositioning itself as a platform for daily value, DStv aims to encourage content discovery across a wider array of genres, including movies, drama, kids’ programming, and news.

“This means more channels, more shows, and more reasons to tune in every day,” the statement added.

The company also announced a promotional offer granting subscribers a free upgrade to the next DStv package tier when they pay for their current plan in full between June 16 and July 31, 2025.

Multichoice maintained the price slash, and the free upgrade initiative is a response “to the noticeable economic impact on the everyday lives of Nigerians.”

This was coming after it lost 1.4 million subscribers between March 2023 and March 2025.

Recall that MultiChoice Nigeria increased its DStv and GOtv bouquet prices three times within 12 months — first in April 2023, followed by another hike in November 2023, and a third announced in April 2024, which took effect on May 1.