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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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World Malaria Day: Caleb Danladi Foundation Renews Commitment To Fighting Malaria

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By Israel Bulus, Kaduna

As Nigeria joins the global community to mark World Malaria Day 2025, the Caleb Danladi Foundation has stepped up its efforts to combat the disease, with a special focus on protecting vulnerable populations.

Aligning with this year’s theme, “Malaria Ends With Us: Reinvest, Reimagine, Reignite,” the Foundation facilitated the re-enrollment of hundreds of women, children, and other at-risk groups into the Kaduna State Health Insurance Scheme.

Founder of the Foundation, Captain Caleb Danladi, disclosed that the organisation fully funded the beneficiaries’ insurance premiums to enhance their access to malaria prevention and treatment services.

Speaking during Friday’s commemoration, Danladi lamented that malaria continues to claim countless lives, particularly in underserved communities.

“Healthcare is a right, not a privilege,” he said. “On this World Malaria Day, we reaffirm our commitment to saving lives through direct support, strong advocacy, and strategic investments in community health solutions.”

He emphasised the need for sustained investments in healthcare and a reimagined approach to delivering equitable services across communities.

Danladi also urged government agencies, healthcare workers, and development partners to strengthen collaboration efforts aimed at eradicating malaria, noting that safeguarding the health and dignity of Nigerians especially women and children is a shared responsibility.

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Trump’s tariffs will have minimal impact on Africa, says Okonjo-Iweala

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The Director-General (D-G) of the World Trade Organisation (WTO), Dr Ngozi Okonjo-Iweala, stated that Africa would be minimally impacted by the tariffs imposed by the President of the United States of America (USA), Donald Trump.

Okonjo-Iweala made the remark during an interview with Nigerian journalists at the Spring Meetings of the World Bank in Washington D.C. on Friday.

She explained that only 6.5 per cent of Africa’s exports go to the USA, while 4.4 per cent of its imports come from the U.S., meaning that the impact on the continent would be minimal.

“The trade of the continent is very limited with the USA. We have done the analysis, and the impact on the continent as a whole is not significant,” she said.

However, she noted that Africa’s limited trade with the USA was also not ideal, as it hindered economic growth.

The D-G emphasised that Africa needed to focus on utilising its own resources to reach its full potential, as aid was declining, and the continent required more investment.

She pointed out that Africa must strengthen internal trade, citing Lesotho as an example.

In spite of Lesotho exporting 200 million dollars’ worth of textiles to the USA, the country faced challenges due to the shrinking U.S. market.

Okonjo-Iweala noted that Africa spent 7 billion dollars annually on importing textiles, suggesting that Lesotho should instead focus on selling textiles within African markets.

She also urged the USA to consider the effects of tariffs on least-developed countries, calling for a reassessment of the reciprocal tariffs in poorer nations.

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Okonjo-Iweala concluded that Africa needed more investments and should work towards boosting intra-Africa trade, which remained underdeveloped.

“We cannot trade more externally, where our trade is only 3 per cent of world trade, or internally, where intra-Africa trade is 16 to 20 per cent at most,” she said.(NAN)

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MACBAN hails Tinubu for appointing DSS DG, creating livestock ministry

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Miyetti Allah Cattle Breeders Association of Nigeria (MACBAN), the umbrella body of cattle herders in Nigeria, has praised President Bola Tinubu for appointing Mr. Tosin Ajayi as Directo- General of the Department of State Services (DSS), describing the appointment as one of the best by the administration.

MACBAN thanked President Tinubu for creating the Federal Ministry of Livestock Development, saying it was a fulfillment of one of his campaign promises to the body and would greatly improve the livestock industry in Nigeria.

The body said the DSS handling of the security situation in Plateau, Benue and other states was with outmost professionalism and deserved commendation.

MACBAN’s statement came a few days after the Plateau State government praised the DSS for being it’s most reliable partner in fighting insecurity in the state. Plateau state government said the DSS helped solve several security problems in the state.

In a statement issued Friday in Abuja, MACBAN charged other security agencies to learn from the way the new DSS leadership has been stepping in to secure life and property, saying it was impressed by efforts by the DSS DG to investigate the root cause of the problems across the states.

The statement was signed by MACBAN national president, Baba Othman Ngelzarma.

Said MACBAN, “We salute the professionalism with which the DSS has been handling the delicate security challenges in Plateau, Benue and several other states.

“Only recently, the DSS DG averted what would have been a very serious security crisis in Enugu State where nine young Fulani men were murdered in cold blood and their corpses dumped in the bush.

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“It took painstaking efforts by Mr. Ajayi to help douse tensions.

“We are encouraged by the DG’s belief that there cannot be peace without justice. We are happy that he’s been warding off political pressures to paint law-abiding Fulani herdsmen with the same brush used to paint terrorists and criminals.

“To be sure, there are criminal elements as well as good persons among all races and tribes. We are happy that, under Mr. Ajayi, the DSS has been able to draw the line between criminality and law-abiding Fulani herdsmen who break sweat to earn decent living,” noted MACBAN, adding, “we urge other security agencies to take a cue from the DSS.”

According to the largest body of cattle herders in Nigeria, over 20 percent of its members, and four million heads of cattle, have been forced by insecurity to flee Nigeria, with hundreds of families displaced.

The exodus of herders, noted the group, had raised the cost of beef, the cheapest meat source in Nigeria.

MACBAN promised to cooperate with federal and state governments as well as support security agencies to help restore peace to boost businesses and agricultural economic activities.

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