A Federal High Court in Abuja has ruled that the Attorney General of the Federation (AGF) and Minister of Justicehas no legal authority to initiate or prosecute criminal proceedings for election-related offences.
In a judgment delivered by Justice Inyang Ekwo, the court held that such prosecutions are unlawful and violate the Constitution and the Electoral Act, which exclusively empower the Independent National Electoral Commission (INEC) to handle electoral offences.
The ruling came in response to a suit filed by Oladipupo Adebutu, the Peoples Democratic Party (PDP) governorship candidate in Ogun State during the 2023 general elections, alongside nine others—Ogunbona Hameed, Tiamiyu Waliu, Egunsola Owolabi, Sanni Adegoke, Dare Ogunleye, Dare Adeoye, Dayo Fashina, Wasiu Enilolobo, and Malik Akawo. The AGF was listed as the sole defendant in the case.
The plaintiffs argued that their prosecution by the Office of the AGF on allegations of vote-buying during the governorship election was politically motivated, particularly since Adebutu had challenged the election results at the tribunal. They further claimed that while the issue of vote-buying and other alleged electoral malpractices was still under review by the tribunal, the AGF’s office proceeded to file charges against them in the Ogun State High Court on the same allegations.
Additionally, the plaintiffs stated in their affidavit that shortly after Adebutu’s petition to the election tribunal, the All Progressives Congress (APC) and Governor Dapo Abiodun allegedly influenced the AGF’s office through a petition filed by the Ogun State APC Chairman, Yemi Sanusi.
With this ruling, the INEC remains the sole body responsible for prosecuting electoral offences, reinforcing the independence of the electoral process.
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