A Federal High Court sitting in Akure, Ondo State, has criticised attorneys within the state Ministry of Justice for submitting related legal costs in opposition to the identical defendants earlier than totally different courts over the identical alleged offence.
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Justice Toyin Adegoke described the follow as unacceptable and warned that allowing parallel proceedings might expose the defendants to double jeopardy and quantity to an abuse of the judicial course of.
The decide made the remark throughout proceedings in an alleged advance-fee fraud case involving Adeboye Taiwo Bamigbaye, Samuel Adeboye and Matthew Adeboye Bamigbaye.
The Ondo State Ministry of Justice, represented by O.E. Akintan, had filed costs in opposition to the defendants earlier than each the Federal High Court in Akure and the Ondo State High Court.
Counsel to the defendants, S.A. Iluyemi, consequently raised a preliminary objection and requested the Federal High Court to strike out the cost earlier than it on the grounds that his shoppers have been already standing trial over the identical allegations earlier than the state High Court.
Iluyemi argued that the Federal High Court lacked jurisdiction to entertain the matter and described the following cost as a multiplicity of actions and an abuse of courtroom course of.
The objection, introduced pursuant to Part 6(6) of the 1999 Structure, acknowledged that the complainant filed Cost No. HOD/1C/2025 earlier than the Ondo State High Court on January 27, 2025.
It added that an allegedly equivalent cost, marked FHC/AK/6C/2025, was subsequently filed earlier than the Federal High Court on February 27, 2025.
In line with the defence, each circumstances concerned the identical defendants, allegations, material and points, making the later submitting oppressive and legally improper.
An affidavit deposed to by a authorized practitioner, Toheeb Giwa, acknowledged that the defendants—described as a father, spouse and son—have been initially arraigned earlier than the Chief Justice of the Peace’s Court in Ondo in Cost No. MOD/154C/2024 below the Advance Charge Fraud and Different Associated Offences Act 2006.
The defence argued that the Justice of the Peace’s Court lacked jurisdiction to strive the alleged offence.
In line with the affidavit, the Justice of the Peace ordered the defendants’ remand in police custody on the Yaba Divisional Headquarters in Ondo, after which they have been transferred to the Ondo Correctional Centre pending authorized recommendation from the Directorate of Public Prosecutions.
The defendants reportedly remained in custody for greater than two months earlier than they have been granted bail following an software by their lawyer.
Following the DPP’s authorized recommendation, they have been arraigned earlier than the Ondo State High Court in Cost No. HOD/1C/2025, and the matter was fastened for listening to on November 12, 2025.
The defence alleged that regardless of the pendency of the state High Court proceedings, the prosecution filed one other cost earlier than the Federal High Court to harass, victimise and embarrass the defendants.
It maintained that subjecting the defendants to simultaneous prosecutions over the identical allegations undermined the administration of legal justice.
Responding, Akintan knowledgeable the courtroom that efforts had already been initiated to withdraw the cost earlier than the Ondo State High Court in order that the prosecution might proceed solely earlier than the Federal High Court.
Justice Adegoke, nevertheless, stated the courtroom wouldn’t tolerate any association able to exposing the defendants to a number of proceedings over the identical alleged offence.
The decide directed the prosecution to make sure that the cost pending earlier than the Ondo State High Court was formally withdrawn earlier than the following adjourned date.
The matter was adjourned till September 22, 2026, for the listening to of the defendants’ preliminary objection and additional proceedings.
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