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

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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).

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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.

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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.

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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,

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“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.”

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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.

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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.

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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.

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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.

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Grassroots To Global Podium: Edo Sports Commission Marks Enabulele’s First Year In Office

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The Indoor Sports Hall in Benin City came alive on Wednesday as the Edo State Sports Commission rolled out the drums to celebrate the first anniversary in office of its Executive Chairman, Hon. Amadin Desmond Enabulele. Management, staff, coaches and athletes gathered in an atmosphere charged with pride, reflection and optimism.

The colourful ceremony drew executives and members of various sports associations, officials of the Sports Writers Association of Nigeria (SWAN), coaches, athletes and other key stakeholders in Edo sports.

In her welcome address, the Acting Permanent Secretary of the Commission, Mrs. A. P. Amenze, praised Hon. Enabulele for what she described as focused and purposeful leadership. She said the past year had seen renewed confidence, discipline and energy return to the state’s sports ecosystem.

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Adding excitement to the event were exhibition bouts and demonstrations by the Kung Fu, Karate, Taekwondo and Judo associations, staged in honour of the Executive Chairman.

READ ALSO:2025 NYG: Enabulele Charges Edo Coaches On Performance

Speaking for SWAN Edo State, Chairman Comrade Kehinde Osagiede commended Hon. Enabulele’s open-door leadership style and consistent support for sports development. He noted that the Commission had effectively driven Governor Monday Okpebholo’s “Catch Them Young” policy through practical grassroots programmes that identify and groom young talents across the state.

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In recognition of his contributions to sports development and media relations, Comrade Osagiede conferred the Patronship of SWAN Edo State on Hon. Enabulele and presented him with a special anniversary card.

Goodwill messages followed from Executive Directors of the Commission, including Hon. Frank Ilaboya (Edo North), Coach Baldwin Bazuaye, MON (Edo South), Barr. Anthony Ikuenobe (Edo Central), and Mrs. Sabrina Chikere, Executive Director, Sports Development and Operations. Representatives of coaches, athletes and sports associations also took turns to acknowledge the progress recorded under the current leadership.

In his stewardship address, Hon. Enabulele expressed gratitude to Governor Monday Okpebholo and Deputy Governor Rt. Hon. Dennis Idahosa for the trust placed in him, noting that their backing and shared vision had driven the Commission’s achievements.

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READ ALSO:Enabulele Lauds Okpehbolo For Creating Enabling Environment For Football To Thrive

He highlighted Team Edo’s third-place finish at the 9th National Youth Games in Asaba, where the state recorded its best-ever outing with 79 medals—33 gold, 18 silver and 28 bronze—reinforcing Edo’s reputation as a national sports powerhouse.

The Chairman also pointed to the impact of inclusive and grassroots sports programmes, citing Favour Ojeabu, a visually impaired para-cyclist who won three gold medals to emerge Africa’s champion at the African Track Para-Cycling Championship in Egypt.

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Other milestones listed included outstanding performances by Edo para powerlifters on the international stage, historic achievements in cricket, weightlifting, cycling, judo and deaf athletics, as well as structural reforms such as the repositioning of Bendel Insurance FC and deeper investment in grassroots sports development.

Cultural performances added colour and tradition to the celebration, as stakeholders closed the event united in their assessment of the past year as a truly transformative period for sports development in Edo State.

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Otuaro Tasks Media On Objective Reportage

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The Administrator, Presidential Amnesty Programme (PAP) Dr. Dennis Otuaro has charged media practitioners particularly members of the Ijaw Publishers’ Forum to promote ethical journalism through their reportage.

He gave the charge in Warri on Wednesday during the 2nd Annual Ijaw Media Conference organised by the Ijaw Publishers’ Forum (IPF).

Represented by Princewill Binebai, spokesman, Ijaw Youth Council (IYC) Worldwide, Otuaro while stating that the Niger Delta stories have been told in such a way that is quite different from what is obtainable in the real sense, said this, IPF must do everything possible to correct.

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The administrator added: “I am happy that Ijaw journalists have boldly come out together to champion the Ijaw struggle in a very dynamic perspective”.

READ ALSO:IPF Hosts Media Conference, Seeks Protection For N’Delta Environment

“The Ijaw story was misrepresented over the years, but IPF’s emergence had corrected this error and the story is gradually changing for better.”

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Otuaro, however, challenged Ijaw media practitioners to be objective, truthful, accurate and fearless in their reportage to correct many years anomalies of the Ijaw struggle.

He admonished members of IPF to see themselves as brothers and love one another in the discharge of their activities to achieve a common goal.

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Police Confirm Edo Tanker Explosion, say No Casualty

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The Edo State Police Command has confirmed tanker explosions that rocked Auchi, the administrative headquarters of Etsako West Local Government Area of the state.

The Command’s Police Publice Relations Officer, Eno Ikoedem, who confirmed the incident via the phone, said the explosion occurred at about 6:30 p.m. following the fall of a fuel tanker along the road.

Ikoedem said the incident occurred on Wednesday evening at about 6:30 p.m. following the fall of a fuel tanker along the road.

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READ ALSO:Edo SSG Calls On Media To Support Govt Policies, Assures Better Welfare

She explained that spilled fuel seeped into underground tunnels, which later ignited and caused three explosions in different parts of the Auchi community.

According to her, officers from the Auchi Divisional Police Headquarters and the Area Command were mobilised to the affected areas and successfully cordoned them off to prevent loss of lives.

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She added: “No casualty was recorded. Our men on ground were able to cordoned the affected areas.”

READ ALSO:Edo Assembly Declares Okpebholo’s Projects Unprecedented

It was gathered that three separate explosions rocked the town simultaneously in different parts, which led to properties worth millions of naira destroyed.

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A resident who does not want his name in print said via the telephone that the blasts occurred along Igbei Road, Igbo Shade, and along the Auchi–Okene Road, close to Winners Junction.

The resident, who alleged the explosions appeared to have been coordinated, called for a thorough investigation into the incident to prevent future occurrences.

Calls put across to Mr. Monday Edogiawere, Chairman, Red Cross, Edo State, were not picked.

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