Court dismisses Adebutu’s application against criminal charge, proceeds to trial
The Ogun State High Court on Wednesday dismissed the application filed by Muyiwa Obanesa Esq, on behalf of Ladi Adebutu and five others asking the court to strike out the criminal charge levelled against them. At the resumed hearing of charge number AB/10C/2023 between the Federal Government of Nigeria vs Ladi Adebutu & 5 others, the presiding judge, Justice T A Okunsokan directed the prosecution to proceed to trial.
It will be recalled that Ladi Adebutu, who was the gubernatorial candidate of Peoples Democratic Party (PDP) in the 2023 general election was alleged to have been involved in massive vote- buying across the State during the said election, an act which constitutes an offence under the Electoral Act 2022. Rotimi Jacobs, a senior advocate of Nigeria, who appeared alongside SA Obafemi for the prosecution had opposed the said application, considering the argument of counsel to Adebutu that the Attorney General of the Federation lacks the requisite power to prosecute the defendants.
However , the court held that sections 144 and 145 of the Electoral Act contravenes the provision of section 174 of the Constitution. That, it is the Attorney General of the Federation that has the power to institute criminal charge in this circumstance. On the argument of Adebutu’s counsel that the instant charge against the defendants amounts to Double Jeopardy, the court considered Section 245(1) of the Administration of Criminal Justice Law of Ogun State (ACJL) and held that the doctrine of Double Jeopardy does not support the case of the Defendants.
In conclusion, the court held that application of the Defendants/Applicants lacks merit and it was accordingly dismissed. The case was thereafter adjourned to 29th and 30th January, 2026 for trial.