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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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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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Our Action Will Speak For Us, Northern CAN Says

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By Amina Samuel, Kaduna

The Northern Christian Association of Nigeria (CAN), representing the 19 Northern states and the Federal Capital Territory (FCT), has pledged to concentrate on its mandate rather than engage in unnecessary disputes with critics, asserting that its actions will speak for themselves.

During a dinner event held in Kaduna on Monday, Rev. Dr. John Joseph Hayab, the leader of Northern CAN, articulated this commitment in front of CAN chairmen, secretaries, and various religious leaders. He reaffirmed the association’s dedication to truth, inclusivity, and tackling the challenges that impede the region’s progress.

Rev. Dr. Hayab emphasised that the new leadership of CAN in the North will vigorously advocate for Northern Christians, ensuring their voices are heard and their rights safeguarded. He called upon the Christian community to prioritise unity and collaboration for sustainable development.

“We will continue to be a voice for Northern Christians, defenders of truth, and advocates for justice. However, we will approach this with love and understanding,” he stated.

He expressed concern over the entrenched religious and ethnic divisions in Northern Nigeria, labelling them as significant barriers to growth and peaceful coexistence.

“It is disheartening when people view us as fragmented and intolerant. We must usher in a new era—one characterised by love, respect, and partnership. Our region is blessed, yet these divisions have cost us dearly. It’s time for a shift in mindset,” he added.

In discussions with journalists following the event, Ambassador Elizabeth Azizi, leader of the Northern CAN Women’s Wing, voiced her confidence in Hayab’s leadership, describing him as a capable figure poised to advance the Christian cause in the North.

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She also took issue with the previous CAN leadership under Rev. Yakubu Pam and Secretary Elder Sunday Oibe for overstaying their tenure by two years and nine months, urging them to act with maturity and refrain from dragging the Christian community into unnecessary disputes.

Similarly, Northern CAN Youth Leader Evangelist Musa Misal reiterated the youth’s support for Hayab, calling on Pam and Oibe to accept the transition graciously. He demanded an immediate handover of all Northern CAN properties across the 19 states and the FCT to the new leadership.

“The youth stand resolutely behind the new leadership and will provide unwavering support. This is the kind of leader we have long sought,” he declared.

The event saw the participation of prominent Christian leaders from across the region, including Bishop Mohammed Naga (Borno State), Secretary General of Northern CAN; Dr. Barr. Grace Kaka (Bauchi State), Director of Legal and Public Affairs; and Rev. Godwin Adole (Sokoto State), Director of Ecumenism and Interfaith.

Also in attendance were Rev. Emeka Obianyor, Director of Planning, Research, and Strategy; Rev. Fr. Prof. Ngbea Gabriel (Benue State), Director of Youth, Women, and Education; and Rev. Dr. Jonah Samson, Northern CAN Vice Chairman and Chairman of CAN North Central Zone.

Other notable figures included former ECWA General Secretary Worldwide, Rev. Yunusa Madu; and Bishop Ademola Idowu Tinuoye, President of the Pentecostal Bishops Forum and President of the Seat of God Ministries, Kaduna, among others.

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