Benue Guber: CSO Sues APC, Wants Aondoakaa Prosecuted For Violating S’Court Verdict

Centre for Social Justice Equity and Transparency (CWJET) has dragged a former Attorney-General of the Federation and Minister of Justice, Mr Mike Aondoakaa, SAN, before a Federal High Court in Abuja, over violation of Supreme Court judgement.

In a case with suit number FHC/AB/CS/770/2022 and dated June 2, 2022, the plaintiff is asking for the prosecution of the former AGF.

In the suit filed by F.S. Jimba, Esq., the plaintiff said Aondoakaa has flouted the apex court judgement which barred him from contesting election into public office for 10 years.

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The plaintiff also joined the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC) as 2nd and 3rd defendants in the matter respectively.

The CSO prayed the court to determine whether having regard to the decision of the Supreme Court in Appeal No. SC/939/2015 between Michael K. Aondoakaa, SAN vs (1) Emmanuel Bassey Obot (2) Attorney General of the Federation and Minister of Justice delivered on the 10th day of December, 2021, the 1std defendant is entitled to vie for, seek or howsoever indicate interest in occupying any public office in the Federal Republic of Nigeria.

Whether by virtue of the decision of the Supreme Court in Appeal No. SC/939/2015 between Michael K. Aondoakaa, SAN vs (1) Emmanuel Bassey Obot (2) Attorney General of the Federation and Minister of Justice delivered on the 10th day of December, 2021 as well as section 287 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the 2nd and 3rd Defendants are not compulsorily obligated to prevent the 1st Defendant from vying for or howsoever indicating interest in any public office in the Federal Republic of Nigeria by ensuring that he is disqualified from participating in any process designed to produce the occupant of any public office in Nigeria.

Also, the organisation prayed the court to grant the following reliefs:

A declaration that by virtue of the decision of the Supreme Court in Appeal No. SC/939/2015 between Michael K. Aondoakaa, SAN vs (1) Emmanuel Bassey Obot (2) Attorney-General of the Federation and Minister of Justice delivered on the 10th day of December, 2021 and section 235 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Defendant cannot indicate interest in, vie for, participate in any process designed to produce an occupant of a public office in the Federal Republic of Nigeria.

A declaration that the conduct of the 1st Defendant in indicating interest, purchasing the expression of interest and nomination forms of the 2nd Defendant and all other steps and action taken by the 1st Defendant in his quest to vie for the office of Governor of Benue State under the Platform of the 2nd Defendant was in contravention and contemptuous of the decision of the Supreme Court in Appeal No. SC/939/2015 between Michael K. Aondoakaa, SAN vs (1) Emmanuel Bassey Obot (2) Attorney General of the Federation and Minister of Justice delivered on the 10th day of December, 2021.

An order perpetually restraining the 2nd and 3rd Defendants from allowing the 1st Defendant to participate in any congress, meeting, convention or election designed as a process to produce an occupant of any public office in Nigeria.

An order committing the 1st Defendant to prison for contempt of the orders of the Supreme Court in its judgment in Appeal No. SC/939/2015 between Michael K. Aondoakaa, SAN vs (1) Emmanuel Bassey Obot (2) Attorney-General of the Federation and Minister of Justice delivered on the 10th day of December, 2021 by virtue of sections 235 and 287 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The affidavit in support of the originating summons, deposed to by Ogbe Owoicho Tobia, an Administrative Officer in the office of the Plaintiff, said: ”That he is aware that there was a judgment of the Court of Appeal which is the final court on National Assembly Election matters which declared the said Emmanuel Bassey Obot as the rightful candidate of the PDP for Uyo Federal Constituency and directed INEC to issue the said Emmanuel Bassey Obot with the Certificate of Retum and to be sworn in as a Member of the House of Representative representing Uyo Federal Constituency.

“That notwithstanding the above, the 1st Defendant as then Attorney-General of the Federation and Minister of Justice wrote letters to INEC advising INEC not to issue the certificate of return to the said Emmanuel Bassey Obot.

“That in addition to the above, the 1st Defendant in his capacity as then Attorney-General of the Federation and Minister of Justice also wrote to the Speaker of the House of Representative advising the said Speaker not to swear-in Mr. Emmanuel Bassey Obot.

“That on account of the above, the said Emmanuel Bassey Obot instituted Suit No: FHC/CA/CS/50/2009 between Hon. Emmanuel Bassey Obot vs. (1) Attorney-General of the Federation and Minister of Justice (2) Michael Kaase Aondoakaa.

That in the judgment of the Federal High Court, Calabar Division in Suit No: FHC/CA/CS/50/2009 delivered on 1st June, 2010, the Federal High Court declared the 1st Defendant unfit to hold or continue to hold the office of Attorney General of the Federation and Minister of Justice or any other public office in the Federal Republic of Nigena.

“That the 1st Defendant was aggrieved by the said judgment in Suit No: FHC/CA/CS/50/2009 and appealed to the Court of Appeal which said Court dismissed his appeal on 3rd September, 2015 and affirmed the judgment of the Federal High Court.

“A further appeal to the Supreme Court by the 1st Defendant in Appeal No. SC/939/2015 between Michael K. Aondoakaa, SAN vs (1) Emmanuel Bassey Obot (2) Attorney-General General of the Federation and Minister of Justice was dismissed on the 10th day of December, 2021 wherein the Supreme Court per Kekere-Ekun JSC at page 47 of the lead judgment held that:

“I am in complete agreement with the learned trial Judge, as affirmed by the Court below, that having regard to the conduct of the appellant while occupying the sacred office of Chief Law Officer of the Federation, he ought not to be entrusted with any other public office at all.

“That notwithstanding Exhibit A, and in clear violation and contempt of the said Exhibit A, the 1st Defendant purchased the Expression of Interest and Nomination forms of the 2nd Defendant to contest in the primary election for the purpose of electing the candidate of the 2nd Defendant for election into the Office of Governor of Benue State.”