The Federal High Court in Abuja has ruled that the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, lacks the legal power to initiate, maintain, or prosecute offences under the Electoral Act, 2022.
Justice Inyang Ekwo delivered the judgment on Monday in a suit marked FHC/ABJ/CS/1038/23, filed by Oladipupo Adebutu, the Peoples Democratic Party (PDP) governorship candidate in the 2023 Ogun State election, alongside nine others.
The plaintiffs sought to stop the AGF from prosecuting them over allegations of vote-buying levelled by Ogun State Governor, Dapo Abiodun, and the All Progressives Congress (APC). They argued that under sections 153, 158, 160, and Paragraph 15, Part 1 of the Third Schedule of the 1999 Constitution (as amended), only the Independent National Electoral Commission (INEC) has the authority to prosecute electoral offences.
Justice Ekwo agreed, ruling that the AGF’s attempt to prosecute offences under the Electoral Act violates the constitution and the independence of INEC. He noted that prosecution must follow the law, stating, “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.”
However, the court declined to grant all the reliefs sought by the plaintiffs, particularly requests that would have tampered with other ongoing court cases.
The plaintiffs had also argued that the AGF’s initiation of criminal proceedings against them was politically motivated and an abuse of power, as the charges were based on a petition filed by the APC following the March 18, 2023, governorship election in Ogun State. They claimed that the AGF, through the Director of Public Prosecution, relied on an incomplete police investigation to file charges against them.
Justice Ekwo’s decision reinforces INEC’s exclusive power to prosecute electoral offences, in line with Sections 144 and 145(2) of the Electoral Act, 2022.