Justice Tajudeen Okunsokan of an Ogun State High Court sitting in Abeokuta, the Ogun State capital has dismissed an application by the governorship candidate of the Peoples Democratic Candidate in the 2023 governorship election in the State, Ladi Adebutu, seeking to stop his trial over allegations of vote buying during the election.

Adebutu in the case between him, five others and the federal government, is facing trial before the court for allegedly buying votes and inducing voters by distributing prepaid Verve Cards preloaded with N10, 000 through one Sanni Adejoke, during the election.

While the case was ongoing, Adebutu in a separate case with suit number FHC/ABJ/CS/1038/2023 challenged the power and authority of the Attorney General of the Federation and Justice Minister to ‘initiate, prosecute and maintain the prosecution of offences created by and under Electoral Act 2022’.

While delivering his judgement, Justice I.E. Ekwo held and declared that the ‘office of the Attorney General of the Federation and Minister of Justice lacks the power and authority to initiate, prosecute and maintain the prosecution of the offences created under the Electoral Act 2022 in view of Ss. 153, 158 160 and paragraph 15 Part 1, Third Schedule to the 1999 constitution…’

The Judge also declared that it is only the Independent National Electoral Commission who can initiate and maintain a criminal proceedings for offences created under the provisions of the Electoral Act, 2022.

The Judge further declared that ‘it is outside the power of the defendant (Attorney General), its men, agents and persons however named, designated and described to initiate, commence, arraign, maintain, and continue the prosecution of the Plaintiffs (Adebutu and other) to alleged electoral offences at and before the Ogun State High Court in charge No. AB/10C/2023.’

On the strength of the Abuja judgment, Adebutu approached the Abeokuta High Court in June 2025 seeking the order of the court striking out the entire case for being incompetent and want of jurisdiction.

Adebutu argued that the case upon which he was being tried was signed by the office of the Attorney General which the Federal High Court have validly held not to have the power to initiate and prosecute electoral offences.

He further argued that the same allegation of voters’ inducement and vote buying was also brought against him and determined by the Ogun State Governorship election Petition Tribunal which, on September 2023, ruled that the Defendant (Adebutu) did not engage in vote buying or voter’s inducement.

‘Subjecting the Defendants/Applicants to another trial for the same allegation on the same set of facts and documents will amount to double jeopardy,” Adebutu argued.

Delivery his ruling on Thursday, Justice Okunsokan ruled that his court is not bound by the Judgement of the Abuja High Court, being a court of co-ordinate jurisdiction.

He however established that the originating summon upon which the charges were brought against Adebutu and others was signed by the office of the Attorney General of the Federation and Justice Minister.

He further ruled that Rotimi Jacobs, the prosecuting counsel to the federal government has an instruction from the INEC to prosecute the case, adding that by the provisions of section 174(1)(a) of the constitution, the Attorney General is competent ‘to institute criminal proceedings in respect of the offences created by or under any Act of the National Assembly including the electoral Act, 2022.’

On the plea of double jeopardy, Justice Okunsokan ruled that Adebutu failed to produce the judgement of the Tribunal before the court, adding that the Tribunal was a civil case and not criminal as the Defendant was never arraigned or his pleas taken by the Tribunal.

He further held that the Tribunal is not a competent body for a trial of offences under the electoral Act, 2022.

“Now, in view of the findings reached in this Ruling, the issue for determination is hereby resolved in favour of the Complainant/Respondent against the Defendant/Applicants. Therefore, the application lacks merit and is liable to be dismissed and, accordingly, it is hereby dismissed,” Justice Okunsokan ruled.