The Federal High Court in Abuja on Monday declared that the Office of the Attorney-General of the Federation (AGF) and Minister of Justice lacks the power and authority to prosecute vote buying and other offences under the Electoral Act, 2022.
Justice Inyang Ekwo delivered the judgment in a suit filed by Oladipupo Adebutu, the 2023 Ogun governorship candidate of the Peoples Democratic Party (PDP), and nine others against the AGF.
The plaintiffs had asked the court to stop the AGF from prosecuting them over allegations of vote buying leveled against them by Governor Dapo Abiodun of Ogun State and the All Progressives Congress (APC).
Plaintiffs’ Case
The plaintiffs’ legal team argued that, based on Sections 153, 158, and 160 and Paragraph 15, Part 1, Third Schedule of the 1999 Constitution, the AGF cannot initiate, commence, or continue the prosecution of electoral offences under the Electoral Act, 2022.
- They contended that the prosecution of electoral offences remains the exclusive responsibility of the Independent National Electoral Commission (INEC), in line with relevant laws.
“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 a dispute arising from the March 18, 2023, governorship election in Ogun State, is not an abuse of power, illegal, invalid, and void,” the plaintiffs argued.
- They further claimed that the AGF used an interim investigation report to file charges against them and arraigned them before the Ogun High Court, Abeokuta Division.
“The charge alleged the offence of vote buying against the plaintiffs during the state governorship election, even though INEC never requested the police to investigate any vote-buying allegations against the first plaintiff,” they stated, urging the court to declare the AGF’s prosecution of criminal offences under the Electoral Act a nullity.
However, the AGF’s legal team urged the court to dismiss the case in the interest of justice.
What the Judge Said
- Delivering the verdict on Monday, Justice Ekwo held that “only the Independent National Electoral Commission (INEC) can initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.”
- The judge ruled that the initiation, commencement, and prosecution of electoral offences under the Electoral Act, 2022, by the AGF and Minister of Justice, contravened Sections 153, 158, and 160 and Paragraph 15, Part 1, Third Schedule of the Constitution, as well as Sections 144 and 145(2) of the Electoral Act.
- Justice Ekwo emphasized that the AGF can only exercise his powers in accordance with the law.
- According to the judge, the AGF’s power to take over any proceedings can be challenged if it is not exercised in accordance with the law.
- However, the judge declined to rule on decisions made by other courts of coordinate jurisdiction regarding the AGF.
More Insights
The Independent National Electoral Commission (INEC) had declared Abiodun the winner of the March 18, 2023, governorship election, with 276,298 votes, surpassing Adebutu, who garnered 262,382 votes.
The Ogun State Governorship Election Petition Tribunal in Abeokuta, along with other superior courts, affirmed Governor Dapo Abiodun’s victory, representing the All Progressives Congress (APC), in the same year.
