Abuja — A Federal High Court in Abuja, has declared that the Attorney General of the Federation (AGF) and Minister of Justice does not have the powers to initiate, maintain and prosecute offences under the Electoral Act, 2022.
Justice Inyang Ekwo made the declaration on Monday, while delivering judgment in a suit filed by the candidate of the Peoples Democratic Party (PDP) in the 2023 governorship election in Ogun State, Oladipupo Adebutu, and nine others.
Meanwhile, the AGF is the sole defendant in the suit marked FHC/ABJ/CS/1038/23.
The plaintiffs had, in their originating summons prayed the court to stop the office of the AGF from prosecuting them over allegations of vote-buying levelled against Adebutu by the Ogun State Governor, Dapo Abiodun, and the All Progressives Congress (APC).
Besides, they asked 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.
Among the issues raised for determination are 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 judgment, agreed with the plaintiffs that, it is only INEC that can initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
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.
He in addition held that the defendant by exercising the power to prosecute the plaintiffs in a manner not in accordance with the law is ultra vires, adding that: "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 not grant some of the prayers of the plaintiffs on the grounds that doing so will amount to tempering with the decisions of courts of coordinate jurisdiction.
Ekwo subsequently held that the plaintiff has established his case according to the law and is entitled to justice.
