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

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.
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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.
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.”
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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.
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.
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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Why I Returned To Nigeria On Ivorian Jet — Jonathan
Jonathan has explained why he returned to Nigeria aboard an Ivorian aircraft following the recent political unrest in Guinea-Bissau, saying President Bola Tinubu had also prepared to dispatch a jet before Côte d’Ivoire secured an earlier landing permit.
Jonathan, who was in the country as head of the West African Elders Forum Election Observation Mission, spoke in an interview with Symfoni posted on YouTube on Friday, his first public comment since gunfire erupted around key government institutions in Bissau, prompting reports of a possible coup.
He said he felt compelled to speak “to thank Nigerians for the show of empathy and encouragement” after the incident, noting that he was aware of the national anxiety that followed the reports.
“While we were in Bissau and this so-called coup happened, the information we got was that the whole country was agitated, young and old, irrespective of religious or political divides,” he said.
READ ALSO:Guinea-Bissau Coup: FG Gives Update On Ex-President Jonathan
According to him, both President Tinubu and Côte d’Ivoire’s President Alassane Ouattara made arrangements to evacuate him and his delegation from Bissau.
However, the Ivorian team secured landing clearance first due to what he described as stronger regional links.
“And I sincerely appreciate Nigerians, and I want them to hear directly from my mouth to appreciate their concern. And secondly, to thank my president, President Tinubu, and the Ivorian president, President Ouattara.
“Both presidents were to send aircraft to lift us, but somehow you know Côte d’Ivoire is closer to Guinea-Bissau, and there’s always some relationship between the Francophone countries and the Lusophones, who are among the Francophones.
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“They were able to penetrate their system to get a a landing permit before Nigeria could do that. So the Ivorian aircraft was already on its way to pick us up,” he said.
He explained that Côte d’Ivoire’s aircraft was already en route when he was informed that the Nigerian jet had received approval to depart.
“So when we learnt that the Nigerian aircraft were about leaving, we asked them not to bother. That is why, if you see the pictures, I was brought by an Ivorian aircraft,” he said.
Jonathan thanked the two West African leaders “and indeed Nigerians, young and old” for their concern during the episode.
“So we thank the two presidents, President Wachara and President Tinubu, and indeed thank Nigerians, young and old, for that,” he said.
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Guinea-Bissau Military Takeover Is ‘Ceremonial Coup’ – Jonathan
Former President Goodluck Jonathan has insisted that the recent military coup in Guinea-Bissau “was not a coup” and described it as “maybe a ceremonial coup.”
Gunfire had erupted around key government institutions in Bissau on Wednesday as soldiers claimed to have “total control” of the country.
President Umaro Sissoco Embaló also said he was arrested in his office at the presidential palace, sparking panic and prompting the military to impose a curfew, suspend the electoral process, close borders, and detain senior officials, including top military and interior ministry figures.
The Federal Government condemned the development as “a serious threat to democracy and regional stability,” and confirmed that Jonathan, who was in the country as head of the West African Elders Forum Election Observation Mission, was safely evacuated by a special flight alongside members of his delegation.
READ ALSO:Coup In Guinea-Bissau? Soldiers Deployed Near Presidential Palace After Gunfire
In an interview with Symfoni posted on YouTube on Friday, Jonathan said he was compelled to speak to the media to thank Nigerians for their concern during the crisis and to clarify the situation.
“You know, since I left office, I’ve always been scared of talking to the media. But in this particular case, I decided to speak… first and foremost, to thank Nigerians for the show of empathy, the encouragement,” he said.
He explained that during the so-called coup, Guinea-Bissau’s President, Embaló himself announced that he had been arrested before the military made any public declaration.
“I wouldn’t call it a coup. It was not a coup. I would just say, for want of a better word, maybe it was a ceremonial coup. Because for two things: It is the president, President Embaló, who announced the coup. Later, the military men came up to address the world that they were in charge of everywhere.
READ ALSO:Guinea-Bissau Coup: FG Gives Update On Ex-President Jonathan
“Then Embaló had already announced the coup, which is strange. Not only announcing the coup, but Embaló, while the coup took place, was using his phone and addressing media organisations across the world that he had been arrested,” Jonathan said.
The former president expressed disbelief at the manner in which the incident unfolded, comparing it to other military takeovers in West Africa.
“I’m a Nigerian close to 70, and I know how they keep heads of state when a coup takes place. Recently, I was a mediator in Mali. And within that period, we had a military coup.
“The military doesn’t take over governments, and the sitting president that they overthrew would be allowed to be addressing press conferences and announcing that he has been arrested. Why does this happen? Who is fooling whom?” he asked.
READ ALSO:Coup: ECOWAS Suspends Guinea-Bissau
Jonathan also called on ECOWAS and the African Union to ensure the timely announcement of election results, stressing that the military should not interfere with the democratic process.
“Basically, what happened in Guinea-Bissau is quite disturbing to me, who believes in democracy. They have the results because AU and ECOWAS officials were in all the regions when the results were collated. They cannot change those results.
“They should tally all those results and announce them. They cannot force the military out. They must announce and let the world know who won that election. Let the world know who won that election,” he said.
He further recalled his experience overseeing elections in Côte d’Ivoire, emphasising that election outcomes must be respected.
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“A similar thing happened in Côte d’Ivoire when I was the Chair of the Authority of Heads of State and Government of ECOWAS. “When we had elections in Côte d’Ivoire in 2010, Laurent Gbagbo was the sitting president. In the first round, Gbagbo got forty-something per cent of the votes, and Alassane Ouattara got thirty-something per cent of the votes.
“And their law, you must get 50 per cent of the votes plus one, at least. Democracy is about the majority. You must get a simple majority to be the president, so they had to go for a second round.
“When they went for the second round, all those other candidates that lost now supported Ouattara, and Ouattara then got more votes than Gbagbo. And Gbagbo said he was not going, that he won the election, and that Ouattara and somebody who had something could not come and defeat him. But that is their law.
“Then all the observers in the international community said Ouattara won the election. And we in ECOWAS said, well, you are our colleague, but you have to go. If the observers, everybody, say Ouattara won the election, Ouattara must be sworn in as the president of Côte d’Ivoire. I stood my ground as the Chair of the Authority of Heads of State and Government of ECOWAS, and Ouattara was sworn in,” he said.
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Nigerian Army Promotes 28 Brigadier Generals, 77 Colonels
The Nigerian Army has approved the promotion of 28 Brigadier Generals to the rank of Major General and 77 Colonels to Brigadier General, in a significant reshuffle of its senior leadership.
The decision was announced by the Acting Director of Army Public Relations, Lieutenant Colonel Appolonia Anele, on the Nigerian Army’s X on Friday.
Among those elevated to Major General are Brig Gen O Adegbe of the Defence Intelligence Agency, Brig Gen SM Uba, Director of Defence Information, Brig Gen RE Hedima, Acting Chief of Military Intelligence Army, and Brig Gen RT Utsaha, Deputy Director of Defence Operations.
Others include Brig Gen AM Umar, Commandant of the Warrant Officer Academy, Brig Gen S Sulaiman, Deputy Military Secretary (Army), Brig Gen IO Bassey, Director of Nigerian Army Operations Centre, and Brig Gen CA Ekeator of the Nigerian Army School of Electrical and Mechanical Engineering.
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Also promoted are Brig Gen SY Yakasai, Acting Director Procurement in the Office of the Chief of Army Staff, Brig Gen WL Nzidee of Army Headquarters Department of Army Logistics, Brig Gen SA Emmanuel of the Nigerian Army Signals, Brig Gen SS Tilawan, Acting Commander Sector 3 Joint Task Force, North East Operation HADIN KAI, Brig Gen MO Agi, Desk Officer Tertiary Education Trust Fund at the Nigerian Defence Academy, and Brig Gen IM Abbas, Commander 34 Brigade.
Brig Gen ZA Saidu was promoted posthumously in recognition of his service.
Promotions from Colonel to Brigadier General include officers serving across key army units and institutions, such as the Nigerian Army Resource Centre, Armed Forces Command and Staff College Jaji, Army Headquarters departments, Special Forces Brigades, and several military hospitals.
In his remarks, Chief of Army Staff (COAS), Lt Gen Waidi Shaibu, congratulated the officers and their families, urging them to intensify their professional drive and prove that their elevation is well-deserved.
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He emphasized the need for exemplary leadership, inspiring subordinates through personal conduct, and adopting bold, innovative solutions to address evolving security challenges.
Shaibu further stressed the officers’ sacred duty to uphold their oath of allegiance and maintain absolute loyalty to the Constitution, reinforcing the army’s commitment to defending the territorial integrity of the nation.
The promotions mark a strategic boost to the Nigerian Army’s senior leadership, aiming to strengthen operational efficiency and enhance the military’s response to national security threats.
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