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

Published

1 year 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

Children’s Day: Chaos At Ogbe Stadium As Dozens Faint

Published

15 hours ago

May 27, 2026

Editor

Chaos erupted on Wednesday during the Children’s Day celebration as dozens of students reportedly collapsed following a stampede triggered by the use of pepper spray.

The event,
organised by the Edo State Ministry of Education at the Samuel Ogbemudia Stadium was disrupted after some male students of Ihogbe College allegedly made uncompromising advances towards female students at the venue.
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‎ A parent who identified himself as Oboh Emmanuel said, “the behaviour of those uncultured students attracted the attention of bouncers stationed at the stadium as they rebuked the male students.”
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‎Oboh said the affected students later regrouped and attacked the bouncers, leading to a confrontation within the crowded arena.

READ ALSO:Children’s Day: Edo Commits To Child Protection
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It was gathered that in the ensuing confusion, the bouncers were reported to have deployed pepper spray in an area occupied by a large number of students.
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‎Several students, particularly female students, reportedly fainted after inhaling the substance, while others sustained injuries after being stepped on during the ensuing melee.
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‎The panic was said to have spread across the stadium as students, teachers and parents scampered for safety.
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‎Many of the affected students were reportedly rushed to the Edo Specialist Hospital for medical attention.

Reacting to the incident, Chief Press Secretary to Governor Monday Okpebholo, Dr Patrick Ebojele, said the security personnel that fired the tear gas had been detained.

He said all the students, except two, that were rushed to the hospital have been discharged.

Ebojele stated that doctors wanted to observe the students till tomorrow before allowing them to go home.

“The two students are not seriously injured. Doctors want to observe them overnight. Permanent Secretary, Ministry of Education is still at the hospital. The man who used pepper spray has been detained.

“The incident did not happen the way it is being exaggerated. All modalities were put in place to ensure the children enjoyed their day.”
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News

Okpebholo Salutes Edo Muslims, Seeks Continued Support, Prayers

Published

16 hours ago

May 27, 2026

Editor

Governor Monday Okpebholo of Edo State has urged Muslims and all Nigerians to continue to pray for peace, unity and progress in the country even as they celebrate the annual Eid-al-Adha

The governor, who was represented by his deputy, Dennis Idahosa, stated this during the annual Eid-al-Adha celebration with Muslim faithfuls held at Government House in Benin City.

He reiterated his administration’s commitment to fairness, inclusivity and equal opportunities for all citizens irrespective of religion and tribe.

According to him, the present administration remains determined to building a government that reflects the diversity of Edo State, noting that competent and qualified Muslims have continued to play vital roles in his government because of their capacity, integrity and commitment to service.

“As a government, we remain committed to fairness, inclusivity and equal opportunity for every Edo citizen, irrespective of religion, ethnicity or political affiliation. This is why quality and competent Muslims are serving in key positions in our administration.”

Okpebholo appreciated the Muslim community in Edo State for their unwavering support and continuous prayers for his administration, noting that such prayers and support have contributed immensely to the peace and steady development being witnessed across the state.

He then called on all Nigerians to use the occasion of Eid-al-Adha to pray for the administration of President Bola Ahmed Tinubu, stressing that the country needs collective prayers, unity and cooperation to overcome its present economic and security challenges.

“I urge all Muslims and indeed all Nigerians to use this occasion to pray for our dear nation and for the administration of President Bola Ahmed Tinubu. Nigeria needs our collective prayers, unity and support as we strive to overcome our challenges and build a more prosperous future for all.”

In his remarks, the Chief Imam of Edo State, Abdulfatai Enabulele, applauded the governor for what he described as remarkable developmental strides recorded in less than two years in office.

The cleric commended the administration for ongoing infrastructural development and efforts geared towards improving governance in the state, but appealed to the government to revisit and complete some abandoned projects inherited from the previous administration for the benefit of the people.

News

Children’s Day: Edo Commits To Child Protection

Published

16 hours ago

May 27, 2026

Editor

The Edo State Government has reaffirmed its commitment to protecting the rights of children, promoting quality education, and strengthening sports development across the state.

This assurance was given by the governor of Edo State, Monday Okpebholo, during the 2026 Children’s Day Celebration and Governor’s Cup Finale held on Wednesday at the Samuel Ogbemudia Stadium, Benin City.

Addressing pupils, students and teachers,
the governor described children as the pride of Edo State and the future of the nation.

The governor, represented by his deputy, Dennis Idahosa,
noted that the annual celebration provides an opportunity to honour their dreams, talents, and limitless potential.

Speaking on this year’s Children’s Day theme, “Choose Kindness, Reject Bullying,” the governor said the message was timely and significant, as it emphasizes the need to create safe, supportive, and inclusive environments for children both in schools and communities.

He stated that bullying in all forms — physical, verbal, emotional, or online — has no place in society, adding that the Edo State Government remains fully committed to protecting the rights and dignity of every child.

According to him, the administration will continue to strengthen policies and programmes that promote child protection, discipline, mutual respect, and positive learning environments across schools in the State.

The governor urged children to embrace kindness, compassion, teamwork, and respect for one another, stressing that true strength lies not in intimidation but in empathy, good character, and mutual understanding.