By Hassanat Adebowale

The Federal High Court in Abuja has ruled that the Attorney-General of the Federation (AGF) and Minister of Justice does not have the legal authority to prosecute offences under the Electoral Act, 2022. Justice Inyang Ekwo delivered the judgment on Monday, stating that only the Independent National Electoral Commission (INEC) is empowered to initiate and maintain criminal proceedings for such offences.

The case was brought before the court by Oladipupo Adebutu, the 2023 Ogun governorship candidate of the Peoples Democratic Party (PDP), along with nine others. The plaintiffs sought to prevent the AGF from prosecuting them over allegations of vote-buying during the Ogun governorship election, accusations made by Governor Dapo Abiodun and the All Progressives Congress (APC).

In their suit, the plaintiffs argued that the AGF’s actions violated constitutional provisions, including Sections 153, 158, and 160, as well as Paragraph 15, Part 1, Third Schedule of the Constitution. They also cited Section 145(2) of the Electoral Act, which they claimed reserves the prosecution of electoral offences exclusively for INEC.

Justice Ekwo agreed with the plaintiffs, ruling that the AGF’s attempt to prosecute electoral offences was beyond the scope of its legal powers. He described the AGF’s actions as “ultra vires,” or beyond legal authority, and emphasized that the AGF’s power to take over proceedings can be challenged if exercised unlawfully.

However, the court declined to grant some of the plaintiffs’ prayers, noting that doing so would interfere with decisions made by courts of equal jurisdiction. Justice Ekwo concluded that the plaintiffs had successfully established their case and were entitled to justice.

The plaintiffs had also asked the court to determine whether the AGF’s prosecution of PDP members, in a matter related to the March 2023 governorship election, constituted an abuse of power and judicial process. They argued that the AGF, a member of the APC, acted improperly by filing charges based on an incomplete investigation and without INEC’s involvement.

GI’s Legal Corner

This ruling is important because it strengthens INEC’s independence and clearly defines the limits of the AGF’s authority in prosecuting electoral offences. Under Nigerian law, the Electoral Act, 2022, gives INEC the exclusive power to handle such cases, helping to reduce political interference in election-related matters.

This decision could set a precedent for future cases, ensuring that prosecutions for electoral misconduct stay within INEC’s jurisdiction and are not swayed by political agendas.

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