Vote buying: Court dismisses Adebutu’s application, orders trial to proceed

The Ogun State High Court on Wednesday dismissed an application filed by counsel for Ladi Adebutu and five others seeking to strike out the criminal charges brought against them.

At the resumed hearing of charge number AB/10C/2023, Federal Government of Nigeria vs. Ladi Adebutu & 5 Others, presiding judge, Justice T. A. Okunsokan, ruled that the prosecution should proceed to trial.

Adebutu, the 2023 governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, is accused of involvement in widespread vote-buying during the general election, an offence under the Electoral Act 2022.

Counsel for the defendants, Muyiwa Obanesa, had argued that the Attorney-General of the Federation (AGF) lacked the authority to prosecute the case. However, Rotimi Jacobs (SAN), who appeared with S. A. Obafemi for the prosecution, opposed the application.

In its ruling, the court held that Sections 144 and 145 of the Electoral Act cannot override Section 174 of the Constitution, which empowers the AGF to initiate criminal proceedings.

The court also rejected the defence’s claim that the charge amounted to double jeopardy.

Citing Section 245(1) of the Ogun State Administration of Criminal Justice Law (ACJL), Justice Okunsokan held that the doctrine did not apply in the circumstances.

Concluding that the defendants’ application lacked merit, the court dismissed it and adjourned the case to January 29 and 30, 2026, for trial.

In July, the Federal Government arraigned Adebutu and nine others before an Ogun State High court, sitting in Abeokuta, for vote buying.

Adebutu, who was charged in absentia, had been on the run from the law.

It would be recalled that Adebutu, some months ago, allegedly sneaked out of the country, following allegations of electoral malpractices and money laundering preferred against him and his party by the Federal Government.

The All Progressives Congress (APC), through its Ogun State Chairman, Chief Yemi Sanusi, had written a petition to the Inspector General of Police over the vote-buying allegation, which was investigated by the State Criminal Investigations Department, Eleweran, Abeokuta.

Upon conclusion of investigations, the Federal Government, through the Director of Public Prosecutions, Federal Ministry of Justice, filed criminal charges against Ladi Adebutu and his co-defendants at the Court.

When the case came up in July before Hon. Justice Abiodun Akinyemi sitting in court 4, it was adjourned, owing to the inability to serve Ladi Adebutu and his co-defendants with the charge sheet.

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