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

Published

4 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

Why I Didn’t Attend Buhari’s Burial – Peter Obi

Published

4 minutes ago

July 16, 2025

Editor

Presidential candidate of the Labour Party in the 2023 elections, Peter Obi, has explained his absence at the burial of former President Muhammadu Buhari, citing flight restrictions as the reason for his inability to attend the ceremony in Daura on Tuesday.

Speaking to journalists shortly after a condolence visit to the late president’s family on Wednesday, Obi said efforts to attend the burial were hampered by a combination of unavailable flights and restricted air traffic to accommodate high-level dignitaries.

“Yes, it was difficult to come here yesterday because there were no flights,” Obi said.

“Even if you had a flight, you couldn’t land at Katsina Airport. It was all closed because of the number of dignitaries attending the burial.”

The former Anambra State governor, however, stressed that paying respects to the dead transcends the day of burial, noting that his visit was still within the traditional mourning period.

“It is believed that the mourning continues today and tomorrow. Whoever comes today or tomorrow is still part of the mourning,” he said.

Obi recalled his past interactions with Buhari, particularly a meeting during his presidential campaign in which the late leader urged him to focus on the welfare of Nigeria’s poor.

“I had the opportunity of meeting him while I was campaigning, and I remember his words to this day: ‘Please care for the poor Nigerians’. That’s what I always remember,” he said.

READ ALSO:Why We Visited Buhari – Atiku

“And I believe he did his been within his capacity. I remember vividly his sincere appeal for fighting and caring for the poor.”

Reflecting on Buhari’s passing, Obi said the former president’s death serves as a solemn reminder of the transient nature of power and life itself.

“We all have to learn how to serve our country, knowing that one day we will be called back by our creator,” he said.

Muhammadu Buhari, who passed away in London on Sunday, was laid to rest on Tuesday in his hometown of Daura with full military honours. His burial was attended by top government officials, foreign dignitaries, and traditional leaders.

News

Chelsea Keeper Petrovic Joins Bournemouth

Published

1 hour ago

July 16, 2025

Editor

Chelsea goalkeeper Djordje Petrovic joined Bournemouth in a deal worth a reported £25 million ($33 million) on Wednesday.

Petrovic agreed a contract that will keep him at the Vitality Stadium until June 2030.

The 25-year-old had been at Chelsea since joining from MLS side New England Revolution in 2023.

Petrovic, who spent last season on loan at French team Strasbourg, made 31 appearances for the west London club.

“I’m really happy to be here. I came to Bournemouth because I want to grow and I want to play at the best level,” the Serbia international said.

“Together with this club, with these facilities, I think we can achieve it. I want to help the team get the results, improve every day and be a better player.”

Bournemouth had Kepa Arrizabalaga on loan from Chelsea last season.

The Spain keeper has since joined Arsenal on a permanent basis, while Cherries back-up Mark Travers signed for Everton on Tuesday.

News

Lagos To Reinstate Psychiatric Tests For Traffic Offenders

Published

2 hours ago

July 16, 2025

Editor

The Lagos State Government has announced plans to reinstate psychiatric assessments for traffic offenders within the state.

Mr. Sola Giwa, Special Adviser to the Governor on Transportation, disclosed this during the official presentation of the communiqué from the second Lagos Traffic Conference, held on Wednesday.

The conference also marked the 25th anniversary of the Lagos State Traffic Management Authority (LASTMA).

Giwa said the decision followed strategic discussions and key recommendations aimed at enhancing traffic management and road safety across Lagos.

He noted the recommendations were designed to improve LASTMA’s effectiveness, mandate, and moral standing.

“For the mental health assessment of offenders, the agency should reintroduce psychiatric evaluation for those caught driving against traffic,” Giwa said.

He explained the measure aligns with previous road safety strategies to instill discipline and deter errant road users.

Giwa also stated that LASTMA officers would undergo international training to meet global traffic management standards.

Mr. Olalekan Bakare-Oki, LASTMA General Manager, spoke about a 20-year blueprint for a technology-driven traffic system in Lagos.

Bakare-Oki confirmed the agency was progressing well in its vision for improved traffic regulation.

He said the agency began compiling detailed traffic incident data last year, including crashes and other road events across Lagos.

“This deliberate approach gives us a credible database that allows the government to plan better and make informed decisions,” he said.

The blueprint also includes a focus on improving LASTMA officers’ welfare to enhance performance and service delivery.

He highlighted Lagos State’s increased use of Information Technology Systems (ITS), as seen around Allen Roundabout and other areas.

“The ITS tools monitor, control, and enforce traffic behaviour in real time,” he said.

He said surveillance cameras had been installed on the Third Mainland Bridge and around Alapere to promote speed control and road safety.

Bakare-Oki added that the camera installations followed incidents of road rage after rehabilitation of the bridge.

“Since deploying the cameras, road crashes on that stretch have declined,” he said.

He stressed the initiative was not for revenue generation but to safeguard lives and property and assured that residents would soon witness major improvements in LASTMA’s operations.

Mr. Ayodeji Gbeleyi, Director General of the Bureau of Public Enterprises, also congratulated LASTMA on its 25th anniversary.

Represented by Mr. Nonso Okechukwu, he described LASTMA as a beacon of traffic management excellence in Nigeria.

He urged LASTMA to lead engagements with private transport operators in line with state traffic policies.

Gbeleyi noted that Lagos’ vision of a smarter, safer city could be achieved through strategic partnerships.

He affirmed the Bureau’s readiness to provide policy support, PPP advisory, and institutional guidance.
(NAN)