A Federal High Court sitting in Akure, Ondo State, has criticised the state Ministry of Justice for filing identical criminal charges against the same defendants before two separate courts over the same alleged offence.
Justice Toyin Adegoke described the action as unacceptable, warning that allowing parallel criminal proceedings could expose the defendants to double jeopardy and constitute an abuse of the judicial process.
The judge made the remarks during proceedings in an alleged advance-fee fraud case involving Adeboye Taiwo Bamigbaye, Samuel Adeboye, and Matthew Adeboye Bamigbaye.
The defendants were facing charges filed by the Ondo State Ministry of Justice before both the Federal High Court in Akure and the Ondo State High Court. The prosecution, represented by O.E. Akintan, had initiated proceedings in both courts over allegations said to arise from the same set of facts.
Reacting to the development, defence counsel S.A. Iluyemi filed a preliminary objection, urging the Federal High Court to dismiss the charge before it on the grounds that his clients were already standing trial at the Ondo State High Court for the same allegations.
Iluyemi argued that the Federal High Court lacked jurisdiction to entertain the matter, describing the additional charge as a multiplicity of actions and a misuse of the court process.
The objection, filed under Section 6(6) of the 1999 Constitution, stated that the first charge, numbered HOD/1C/2025, was filed before the Ondo State High Court on January 27, 2025.
The defence further stated that a similar charge, marked FHC/AK/6C/2025, was later filed before the Federal High Court on February 27, 2025.
According to the defendants, both cases involved the same individuals, allegations, subject matter, and legal issues, making the second action oppressive and procedurally improper.
An affidavit filed by legal practitioner Toheeb Giwa revealed that the defendants — described as a father, wife, and son — were initially arraigned before the Chief Magistrate’s Court in Ondo in Charge No. MOD/154C/2024 under the Advance Fee Fraud and Other Related Offences Act, 2006.
The defence maintained that the Magistrate’s Court lacked the authority to try the alleged offence. Following the proceedings, the defendants were remanded in police custody at the Yaba Divisional Headquarters in Ondo before being transferred to the Ondo Correctional Centre pending legal advice from the Directorate of Public Prosecutions.
They reportedly spent more than two months in custody before securing bail through an application filed by their lawyer.
After receiving legal advice from the DPP, the defendants were subsequently arraigned before the Ondo State High Court in Charge No. HOD/1C/2025, with the matter scheduled for hearing on November 12, 2025.
The defence accused the prosecution of filing a second case at the Federal High Court despite the ongoing state court proceedings, alleging that the move was intended to harass, intimidate, and embarrass the defendants.
It argued that forcing the accused persons to face simultaneous trials over the same allegations undermined fairness and weakened confidence in the criminal justice system.
In response, prosecution counsel O.E. Akintan told the court that steps had already been taken to withdraw the charge before the Ondo State High Court, allowing the matter to proceed solely at the Federal High Court.
However, Justice Adegoke insisted that the court would not permit any arrangement that could subject defendants to multiple criminal proceedings over the same alleged offence.
The judge ordered the prosecution to ensure that the state High Court charge was formally withdrawn before the next adjourned date.
The case was adjourned until September 22, 2026, for the hearing of the defendants’ preliminary objection and further proceedings.
... Court Warns Ondo Ministry: Duplicate Criminal Charges Constitute Abuse of Process and Risk Double Jeopardy ... Naijaonpoint.