Court declares INEC sole authority to prosecute electoral offences

A Federal High Court in Abuja has ruled that the Attorney General of the Federation (AGF) does not have the legal authority to prosecute electoral offences, reaffirming that such powers belong exclusively to the Independent National Electoral Commission (INEC).

Justice Inyang Ekwo delivered the judgment in a case filed by Oladipupo Adebutu, the 2023 governorship candidate of the Peoples Democratic Party (PDP) in Ogun State, alongside nine others. The plaintiffs had challenged their prosecution by the AGF over alleged vote-buying during the last governorship election.

The suit, marked FHC/ABJ/CS/1038/2023, named the AGF as the sole defendant. The plaintiffs argued that their prosecution in an Ogun State High Court was an attempt to intimidate them, especially as Adebutu was contesting the election results in a tribunal.

They also contended that the AGF’s charges were premature, given that the election tribunal had yet to conclude its review of the case.

In his ruling, Justice Ekwo stated that under Section 144 of the Electoral Act, only INEC has the legal mandate to prosecute electoral offences based on recommendations from an election tribunal.

He further ruled that the AGF’s attempt to prosecute the plaintiffs was unlawful, lacking statutory authority, and undermining both the tribunal and INEC’s role in election-related matters.

“The AGF is not mentioned in the provision as having any business in the prosecution of vote-buying allegations. The prosecution of the plaintiffs while the matter was still pending before the tribunal was premature and legally void,” Justice Ekwo said.

The ruling clarifies the limits of the AGF’s powers and reinforces INEC’s exclusive role in handling electoral offences, ensuring due process in election-related prosecutions.