Court Rules AGF Lacks Authority to Prosecute Electoral Offences

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Abuja, Nigeria – In a significant legal development, the Federal High Court in Abuja has ruled that the Attorney General of the Federation (AGF) and Minister of Justice do not have the authority to prosecute offences under the Electoral Act, 2022. The judgment, delivered on Monday by Justice Inyang Ekwo, has far-reaching implications for the prosecution of electoral offences in Nigeria.

The case, identified as suit number FHC/ABJ/CS/1038/23, was brought before the court by Oladipupo Adebutu, the Peoples Democratic Party (PDP) governorship candidate in the 2023 Ogun State election, along with nine others. The plaintiffs sought to prevent the AGF from prosecuting them over allegations of vote-buying, which were raised by Ogun State Governor Dapo Abiodun and the All Progressives Congress (APC).

The plaintiffs argued that the prosecution of electoral offences is the exclusive responsibility of the Independent National Electoral Commission (INEC), as outlined in Section 145(2) of the Electoral Act and relevant constitutional provisions, including Sections 153, 158, 160, and Paragraph 15, Part 1, 3rd Schedule of the Constitution.

Justice Ekwo, in his judgment, upheld the plaintiffs’ argument, stating that only INEC has the legal authority to initiate and maintain criminal proceedings for electoral offences. He emphasized that the AGF’s actions in initiating and prosecuting such cases violated constitutional provisions and undermined the independence of INEC. The judge further noted that the AGF’s power to take over proceedings could be challenged if exercised unlawfully.

The court also addressed the plaintiffs’ concerns regarding the alleged abuse of power by the AGF. The plaintiffs contended that the initiation of criminal prosecution against them by the AGF, who is a member of the APC, constituted an abuse of power and was politically motivated. Justice Ekwo ruled that the AGF’s actions in this regard were illegal, invalid, and void.

While the court did not grant all the reliefs sought by the plaintiffs, it affirmed that they had established their case and were entitled to justice. The judgment underscores the importance of adhering to the legal framework governing electoral offences in Nigeria and reinforces the independence of INEC in carrying out its constitutional mandate.

The case has sparked widespread debate about the role of the AGF in prosecuting electoral offences and the need to ensure that such prosecutions are conducted in accordance with the law. Legal experts have hailed the judgment as a victory for the rule of law and a step towards strengthening Nigeria’s democratic institutions.

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This post has already been read at least 111724 times!