The Federal High Court in Abuja yesterday, declared that the Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), 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 State 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 Governor Dapo Abiodun of Ogun State 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.