The Ogun State High Court sitting in Abeokuta on Wednesday dismissed the application filed by the 2023 governorship candidate of the Peoples Democratic Party (PDP), Ladi Adebutu, and five others seeking to strike out the criminal charge of alleged vote buying instituted against them by the Federal Government.
Justice T.A. Okunsokan, who presided over the case marked AB/10C/2023 between the Federal Government of Nigeria and Ladi Adebutu & five others, held that the application lacked merit and therefore directed the prosecution to proceed to trial.
Adebutu and his co-defendants were accused of being involved in massive vote buying across Ogun State during the 2023 general election, an offence punishable under the Electoral Act 2022.
During the hearing, counsel to Adebutu, Muyiwa Obanesa, argued that the Attorney General of the Federation lacked the power to prosecute the defendants.
He also contended that the charge amounted to double jeopardy since, according to him, the defendants had faced a similar matter before.
However, the prosecution counsel, Rotimi Jacobs, SAN, who appeared alongside S.A. Obafemi, opposed the application, insisting that the AGF possesses the constitutional authority to institute criminal proceedings.
In his ruling, Justice Okunsokan held that sections 144 and 145 of the Electoral Act cannot override the provision of section 174 of the 1999 Constitution, which empowers the Attorney General of the Federation to prosecute criminal cases on behalf of the Federal Government.
The judge further ruled that the principle of double jeopardy as provided under section 245(1) of the Ogun State Administration of Criminal Justice Law (ACJL) does not apply in this case.
“The court finds no merit in the application of the defendants. The motion to strike out the charge is accordingly dismissed,” Justice Okunsokan ruled.
