Ekiti to FG: ‘Supreme court has ruled on our election, stop interfering’

The Ekiti state commissioner for justice, Owoseni Ajayi, has told the attorney-general of the federation (AGF), Abubakar Malami, that the report of the military panel set up to investigate the 2014 Ekiti state governorship election lacks the power to prosecute anybody.

While noting that no one can adjudicate on a matter already decided by the Supreme Court, the Commissioner stated that the AGF should respect the nation’s judicial process and the principles of federalism.

“Unless an alleged criminal act constitutes an offence under a federal enactment, the attorney-general of the federation will definitely be acting ultra vires by any purported move to prosecute an alleged offender before any state or federal court in Nigeria without a fiat by the attorney-general of the respective state, vested with constitutional jurisdiction to prosecute criminal matters under the state law.”

“Although the electoral act 2010 (as amended) is a federal enactment, which creates several offences triable only in the magistrate or high court of a state in which the offence is committed, prosecution of such offences can only be undertaken by the Independent National Electoral Commission (INEC), upon a recommendation made to it by an election petition tribunal for the prosecution of any person or individual disclosed in an election petition or upon findings, after thorough investigation by the police.”

The Ekiti state commissioner called the attention of the AGF to the stipulations of sections 149 and 150 of the electoral act 2010.

“Section 149. The commission shall consider any recommendation made to it by a tribunal with respect to the prosecution by it of any person for an offence disclosed in any election petition,” the letter read.

“150 (1) An offence committed under this act shall be triable in a magistrate court or a high court of a state in which the offence is committed, or the federal capital territory, Abuja. (2) A prosecution under this act shall be undertaken by legal officers of the commission or any legal officer appointed by it.”

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