Justice Ekwo has ruled that only the Independent National Electoral Commission (INEC) has the authority to initiate and maintain criminal proceedings for offences under the Electoral Act, 2022.
In his judgment, the judge sided with the plaintiffs, stating that the involvement of the Attorney General of the Federation (AGF) and Minister of Justice in prosecuting electoral offences is a violation of constitutional provisions and the Electoral Act. Specifically, he cited Sections 153, 158, 160, and Paragraph 15, Part 1, 3rd Schedule of the Constitution, as well as Sections 144 and 145(2) of the Electoral Act, which safeguard the independence of INEC.
Justice Ekwo further emphasized that the AGF’s actions in prosecuting the plaintiffs outside the law’s framework were ultra vires, meaning they exceeded the AGF’s legal powers. He added, “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.”
However, the court did not grant all the plaintiffs’ requests, ruling that some of the prayers would interfere with the decisions of courts of coordinate jurisdiction.
Ultimately, the judge concluded that the plaintiffs had successfully established their case and are entitled to justice, reaffirming the legal independence of INEC in prosecuting electoral offences.
