News

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

Published

6 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

Shock As Adeleke Employs Roadside puff-puff Hawker As Govt House Chef

Published

5 hours ago

August 30, 2025

Editor

Osun State Governor, Ademola Adeleke, on Thursday shocked a female puff-puff seller during a rally in Osogbo by buying all her snacks with ₦50,000 and offering her employment as a chef at the Government House.

This happened when Osun public servants trooped out in their thousands in what they called an appreciation solidarity rally in support of the governor for his support and care since he took over state governance.

It was observed that the governor, who sat in the bus, had sighted the woman who was among the crowd cheering him.

He immediately beckoned to the woman carrying a plastic container filled with puff-puff on her head and asked how much it would cost to buy all the snacks.

The female hawker, who was visibly surprised and star-struck at the level of her proximity to the governor, found it difficult to even tell the governor how much she sold the snacks.

Surprisingly, Adeleke handed her a bundle of ₦50,000 to the cheers of the crowd.

The lucky woman knelt down in appreciation of the governor’s generosity.

Excited onlookers quickly rushed to share the snacks in the plastic already purchased by the governor.

The governor invited the vendor inside the vehicle where one of his officials questioned her academic background, and she revealed that she holds a Nigerian Certificate in Education.

Adeleke further asked about the dishes she could prepare and instructed his aides to take her contact details for employment as a chef in the Government House.

Confirming the development, the Commissioner II at the Osun State Civil Service Commission, Olaniyan Taofeek, shared the video on X (formerly Twitter), writing: “The moment Gov. Adeleke turned the life of a puff-puff seller into a Government House chef.”

A Special Assistant to the Governor on Digital Media, Oni Gbenga Lawrence, also corroborated the incident in a post on X, stating: “Moment Governor Ademola Adeleke turned the life of a puff-puff seller to Government Chef… not only ₦50k but he invited her into his car and employed her as chef in the Government House.”

The Guardian correspondent, who was at the scene of the welcome rally, made efforts to interview the lucky vendor, but they did not yield as she was not allowed to alight from the bus throughout the event.
(The Guardian)

News

Katsina Govt Revokes Licenses Of All Private, Community Schools

Published

6 hours ago

August 30, 2025

Editor

The Katsina State Government has withdrawn the operating licenses of all private and community schools in the state, with effect from August 13, 2025.

The announcement came through a circular issued by the Ministry of Basic and Secondary Education and signed by Commissioner Hajiya Zainab Musa-Musawa.

The ministry’s Public Relations Officer, Malam Sani Danjuma, released the document in Katsina on Saturday.

According to the circular, the move is part of the government’s effort to strengthen quality assurance and standardization within the education sector.

“The withdrawal of licenses is aimed at ensuring that schools operate in line with approved standards and provide quality education to students,” Danjuma said.

The circular also outlined a review of fees for license application, registration, and annual renewal.

“Owners of affected schools are required to obtain fresh licenses by submitting proof of payment to the ministry on or before September 30, 2025.”

The statement also added that school operators have been warned not to increase tuition or other charges without government approval.

The ministry further promised to issue additional guidelines soon, including categorization of schools and the revised fee structure.

News

JUST IN: Oldest Missionary To Nigeria, Ruth Elton, Is Dead

Published

7 hours ago

August 30, 2025

Editor

British-born Nigerian missionary, Ruth Elton, reputed to be the oldest missionary has passed on at the age of 91.

Ruth Elton, born 7 September 1933, was a British-born Nigerian missionary whose lifelong dedication to faith, healing, and revival left an indelible mark on communities across western and central Nigeria.

It was learnt that Elton died on Saturday at Sharon compound, Alafia Bamin Quarters in Ilesa, Osun State.

She was the only daughter of Pa Elton and her remains have been deposited at the mortuary.

Ruth Elton, daughter of Sydney Granville Elton (Pa Elton), who is referred to as one of the founding fathers of Pentecostalism in Nigeria, had approached a Kaduna court and nationalised as a Nigerian.

At old age and despite the happenings in Nigeria, she still held in high esteem her father’s prophecies that although Nigeria could be known globally for corruption, it would only for a while as new dawn would beckon when the country would be known worldwide for righteousness and prosperity.

Elton moved to Nigeria in 1937 with her parents and served as a Christian missionary across Egbe, Okene, Koton Karfe, and other parts of Kogi, Ondo, Oyo, and Osun States.

A naturalised Nigerian, having renounced her British citizenship in the 1970s, she embraced the country completely and became fluent in Ebira and Yoruba.

Elton, who remained single, believed that she had made a true mark in the country and apart from her missionary work, she saw her efforts in taming infant mortality, especially in Okene, Kogi State as a generational impact.

Relating her experience on infant mortality in the country, Elton recently noted that many newborn babies had passed on due to lack of proper care and hygiene, adding that the practice of force-feeding babies contributed to the challenges, especially in the face of poor awareness.