A Federal High Court in Abuja has declared that the office Attorney General of the Federation (AGF) and Minister of Justice lacks the power to initiate criminal proceedings against anyone or prosecute such a person for election-related offences.
The court described such a practice as not only unlawful but also contrary to relevant the provisions of the Constitution and the Electoral Act.
It added that it is only the Independent National Electoral Commission (INEC) that is empowered to prosecute electoral offences.
Justice Inyang Ekwo made the declaration yesterday in a judgment on a suit filed by the governorship candidate of the Peoples Democratic Party (PDP) in Ogun State during the 2023 general election, Oladipupo Adebutu, and nine others.
The others are: Ogunbona Hameed, Tiamiyu Waliu, Egunsola Owolabi, Sanni Adegoke, Dare Ogunleye, Dare Adeoye, Dayo Fashina, Wasiu Enilolobo and Malik Akawo.
The AGF is listed as the sole defendant.
The plaintiffs had claimed that the prosecution before a High Court of Ogun State by the Office of the AGF over allegation of vote-buying during the last governorship election was an attempt to intimate them since Adebutu chose to challenge the outcome of the poll.
They stated that while the issues on vote-buying and related electoral malpractices were pending before the election tribunal, the Office the AGF charged them to the Ogun State High Court on the same allegation of vote-buying.
The plaintiffs further stated in their supporting affidavit that shortly after he went before the election tribunal, Dapo Abiodun (the incumbent governor of Ogun State) and the All Progressives Congress (APC), through the Ogun State APC Chairman, Yemi Sanusi, allegedly petitioned the AGF.
