Oyinlola had prayed the court to compel the Attorney General of the Federation (AGF) and minister of justice, Mohammed Bello Adoke (SAN) to prosecute the MTN Nigeria Communications for allegedly failing to furnish the National Judicial Council (NJC) with a complete call log of the judge.
But Justice Ademola Adeniyi held that the AGF has the constitutional powers to “institute or discontinue criminal proceedings against any persons or organization without exception.”
Oyinlola, a chieftain of the Peoples Democratic Party (PDP) had been dissatisfied with the judgment of the Governorship Election Appeal Tribunal sitting in Ibadan, which overturned his election and endorsed Rauf Aregbesola as the duly elected governor of the state.
While alleging that there was telephone contact between Justice Salami and the Action Congress of Nigeria (ACN) chieftains prior to the decision, he urged the AGF “to exercise his power of public prosecution entrenched in Section 174 (1) and (2) of the 1999 Constitution by initiating legal action against MTN Nigeria Limited” after he petitioned the NJC.
