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AGF lacks power to prosecute offences under Electoral Act – Court

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The Federal High Court in Abuja on Monday, declared that the Attorney-General of the Federation (AGF) and Minister of Justice lacked the power and authority to initiate, maintain and prosecute offences under the Electoral Act, 2022.

In a judgment delivered, Justice Inyang Ekwo held that only the Independent National Electoral Commission (INEC) could initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.

The News Agency of Nigeria (NAN) reports that the judgement was delivered in a suit filed by Oladipupo Adebutu, the 2023 Ogun governorship candidate of the Peoples Democratic Party (PDP) and nine others.

The plaintiffs had in the suit marked: FHC/ABJ/CS/1038/23, sued the AGF and Minister of Justice as sole defendant.

The plaintiffs had in their originating summons prayed the court to stop the office of the AGF from prosecuting them over an allegation of vote-buying levelled against them by Gov. Dapo Abiodun of Ogun and the All Progressives Congress (APC).

They prayed 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.

They asked the court to determine whether the prosecution of electoral offences under the Electoral Act, 2022, was not the exclusive reserve of 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 only INEC could initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.

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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 was 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 said that the action of the defendant by exercising the power to prosecute the plaintiffs, in a manner not in accordance with the law, was ultra vires.

According to him, 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 no grant some of the prayers of the plaintiffs, saying, that would amount to tampering with decisions of courts of coordinate jurisdiction.

He held that the plaintiff had established his case according to the law and was entitled to justice.

The plaintiffs in their suit prayed the court to determine “whether since the facts which formed the fulcrum of charge No. AB/10c/2023 are also the facts which formed the defence and response/allegations of Dapo Abiodun and the APC at the Ogun State Governorship Election Petition Tribunal, the filing of the charge was not subjudice and an abuse of court processes capable of overreaching the tribunal.

“Whether the initiation of criminal prosecution against the plaintiffs, who are PDP members by the AGF, who is a member of the APC in respect of the dispute which emanated from the March 18, 2023 governorship election in Ogun state is not an abuse of power, illegal, invalid and void.”

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The plaintiffs prayed the court to declare that, it was out of the power of the AGF to arraign, maintain and continue their prosecution for alleged electoral offences before the Ogun State High Court in charge number: AB/10c/2023.

They sought an order of perpetual injunction restraining the AGF from arraigning and continuing their prosecution for alleged offences created under the Electoral Act in charge before the Ogun High Court.

An affidavit in support of the plaintiffs’ originating summons averred that Dapo Abiodun and the APC, through the Ogun APC chairman, Yemi Sanusi, wrote a frivolous and baseless petition to the AGF, accusing the first plaintiff (Adebutu) of vote buying during the governorship election.

It said that the APC therefore called for his (Adebutu’s) investigation after he had filed his election petition before the tribunal.

It said the AGF, through the Director of Public Prosecution, wrote to the police asking them to investigate the petition of Sanusi, which culminated in the police inviting the first plaintiff to report at their office on May 2, 2023.

The affidavit averred that the AGF used an interim report of an investigation, which had not been completed, to file a charge against the plaintiffs and arraigned them before the Ogun High Court, Abeokuta division.

The affidavit said that the charge alleged the offence of vote buying against the plaintiffs during the state governorship election, even when INEC never wrote to the police to investigate any vote buying allegation against the first plaintiff.(NAN

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Another Explosion Hits Oil Facility In Rivers, Protesters Block East-West Road

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Another explosion occurred at a pipeline manifold in the Omwawriwa area of Ogba-Egbema-Ndoni Local Government Area of Rivers State on Tuesday.

This incident follows a similar explosion that shook the Trans Niger Pipeline, operated by Shell, in Bodo, Gokana Local Government Area just hours earlier.

The latest explosion reportedly took place at a manifold connected to a federal pipeline deep within the forest, which transports crude oil to Brass in Bayelsa State.

While the explosion has not yet been officially confirmed, community sources reported seeing massive flames and thick smoke rising from the oil installation in the forest.

Grace Iringe-Koko, the spokesperson for the Rivers State Police Command, stated that she would investigate the incident but had not provided a response at the time of this report.

A video obtained by our correspondent displays a large fire burning in a remote location.

In a separate development, Ijaw youths blocked the Ahoada section of the East-West Road leading to Bayelsa State on Tuesday in protest.

The demonstrators, numbering over 100, carried placards in solidarity with Rivers State Governor Siminalayi Fubara amid his political dispute with the state House of Assembly. Some of the placards read: “We demand Wike’s dismissal as FCT Minister” and “Martin Amaewhule and 26 lawmakers have defected and lost their seats.

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BREAKING: Reps pass tax reform bills

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The House of Representatives on Tuesday passed the four tax reform bills transmitted to the National Assembly in October 2024 by President Bola Tinubu.

Recall that the House had on Thursday last week, considered and approved the report of the House Committee on Finance which made some recommendations, particularly in controversial areas such as the Value Added Tax and inheritance tax.

While awaiting the Senate to similarly pass the bills, the proposed reforms are expected to be transmitted to the President for his assent in the days ahead.

Details shortly…

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Two PDP reps defect to APC over ‘internal divisions’

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Two members of the house of representatives have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Tajudeen Abbas, speaker of the house, announced the defections in a letter read on the floor of the lower legislative chamber on Tuesday.

More to follow…

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