The Federal High Court sitting in Abuja, yesterday, held 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.
  
The trial judge, Justice Inyang Ekwo, made the pronouncement while delivering judgment in a suit numbered FHC/ABJ/CS/1038/23, filed by the governorship candidate of the Peoples Democratic Party (PDP) in the 2023 governorship election in Ogun State, Oladipupo Adebutu, and nine others, with the AGF as the sole defendant.
  
The plaintiffs had, in their originating summons, prayed the court to stop the AGF office from prosecuting them over an allegation of vote-buying levelled against the gubernatorial standard-bearer by the state governor, Dapo Abiodun, 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, Third Schedule of the Constitution.
  
They wanted the court to determine whether the prosecution of electoral offences under the Electoral Act, 2022 was not the exclusive preserve of the Independent National Electoral Commission (INEC) in line with Section 145(2) of the Electoral Act and Sections 153, 158, 160 and Paragraph 15, Part 1, Third Schedule of the Constitution.
  
Justice Ekwo, in his ruling, agreed with the plaintiffs that, it was only INEC that could initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.
  
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, Third Schedule of the Constitution and Sections 144 and 145(2) of the Electoral Act and the Independence of INEC.
  
Justice Ekwo said the act of the defendant by exercising the power to prosecute the plaintiffs in a manner not in accordance with the law was ultra vires, adding: “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.”