Politics
APPEAL COURT SACKS AIDA NATH: DECLARES HON OTTAH AS PDP CANDIDATE
APPEAL COURT SACKS AIDA NATH: DECLARES HON OTTAH AS PDP CANDIDATE.
By Abdulateef Bamgbose
The Court of Appeal sitting in Abuja grant their wish by disqualifying Aida Nath and ordered the PDP to forward the name of The Hon. Dr. Francis Ottah Agbo to INEC as the validly nominated candidate for Ado/Ogbadibo/Okpokwu Federal Constituency in the forthcoming general election.
Hon Ottah had gone to court to challenge the eligibility of Aida to participate in the May 23, 2022 Primary Election of the PDP while on the payroll of the Federal Inland Revenue Service (FIRS) without resigning as an employee. In a bizarre judgement on November 21, 2022, Justice Abdul Dogo of the Federal High Court Makurdi held that the contemplation of the 1999 constitution (as amended) in section 66(1)(f) is for Civil/Public servants to resign 30 days before the general election and not the primary election.
Dissatisfied with the judgement, Hon Ottah approached the court of appeal for interpretation of the said section and the violation of other subsidiary laws.
A 3 member panel of Judges comprising of M.I Sirajo (Presiding Judge), R.M Abdullahi and B.I Gafai heard the appeal on December 24, 2022 when counsel to Aida, Barr. K.C Ikonne withdrew his preliminary Objection to the appeal and tendered and apology to counsel to Hon Ottah, Chief Kanu Agabi S.A.N for wrongly accusing him and his client of not transmitting full record of the case. Judgement was thereafter reserved for a later date after all parties adopted their processes.
Delivering judgement on Thursday January 12, 2023,, Justice B.I Gafai held that the trial court erred when it said the appellant had no right challenge the decision of PDP to cleared the first respondent is perversed and hereby set aside.
On the merit of the case, the authority of Modibo vs Usman is relevant to this case and the decision of the first respondent not to resign her employment is against the provisions of section 66 (1)(f)
The participation of first respondent in the primary election of the PDP is Unlawful and invalid and is hereby set aside.
The appeal succeeds.
PDP to withdraw the certificate of return issued to Aida and a new one issued to the appellant.
Politics
Investigation absolves Aondoakaa in Utan Bran compensation case
An independent investigation by Nigerian Concord Newspaper has found no evidence linking a former Minister of Justice and Attorney General of the Federation, Chief Michael Kaase Aondoakaa, SAN, to the Utan Bran compensation case or other alleged scandals at the Federal Ministry of Justice.
The investigation, conducted at the Federal Ministry of Justice, followed reports in sections of the media alleging misconduct by the former chief law officer of the federation.
Documents obtained through the Freedom of Information Act indicate that Chief Aondoakaa was not involved in the legal firms that handled the Utan Bran compensation matter. Findings further show that the judgement debt related to the case was reportedly paid in 2006 under the tenure of a former Attorney General of the Federation, Chief Bayo Ojo, SAN, during the administration of former President Olusegun Obasanjo.
Multiple officials at the Federal Ministry of Justice, who spoke on condition of anonymity, described Chief Aondoakaa’s tenure as one marked by adherence to the rule of law. The sources said court orders were generally complied with during his time in office.
They also questioned claims portraying the former Attorney General as emblematic of alleged institutional failings within the legal system, stating that no specific instance had been cited in which he abused public office or undermined court judgements.
Regarding reports suggesting that Chief Aondoakaa interfered with court processes during the post-election period of the 2007 National Assembly elections, sources within the ministry said available records do not support claims that he acted to obstruct court orders or delay the swearing-in of elected officials.
On questions surrounding eligibility to hold public office, legal practitioners pointed to established Supreme Court jurisprudence, which holds that concurrent judgements carry equal legal weight with lead judgements. A concurring opinion by Justice Mary Odili, JSC, was cited as stating that the issue of disqualification from public office did not arise in the matter concerning Aondoakaa.
The case is reportedly the subject of further judicial proceedings, following claims that earlier judgements were obtained through misrepresentation. The matter remains pending before the courts.
Sources also said documents generated during the administration of former President Muhammadu Buhari, and signed by senior officials of the Ministry of Justice, support the position that Chief Aondoakaa was not implicated in the Utan Bran case. Nigerian Concord Newspaper said it would publish the documents after concluding its investigation.
Further findings indicate that the former Attorney General was not linked to major cases such as the Halliburton scandal, the OPL 245 (Malabu) oil deal, or the recovery of Abacha-era assets.
Supporters of Aondoakaa also note that he was cleared by his party to participate in the 2023 governorship primary election, arguing that this further demonstrates that no court order barred him from holding public office.
Legal experts reaffirm that qualifications and disqualifications for elective office are constitutionally defined, citing the Supreme Court’s decision in Attorney-General of Abia State v. Attorney-General of the Federation, which established that constitutional provisions on eligibility cannot be expanded or restricted by implication.
Politics
Investigation absolves Aondoakaa in Utan Bran compensation case
An independent investigation by Nigerian Concord Newspaper has found no evidence linking a former Minister of Justice and Attorney General of the Federation, Chief Michael Kaase Aondoakaa, SAN, to the Utan Bran compensation case or other alleged scandals at the Federal Ministry of Justice.
The investigation, conducted at the Federal Ministry of Justice, followed reports in sections of the media alleging misconduct by the former chief law officer of the federation.
Documents obtained through the Freedom of Information Act indicate that Chief Aondoakaa was not involved in the legal firms that handled the Utan Bran compensation matter. Findings further show that the judgement debt related to the case was reportedly paid in 2006 under the tenure of a former Attorney General of the Federation, Chief Bayo Ojo, SAN, during the administration of former President Olusegun Obasanjo.
Multiple officials at the Federal Ministry of Justice, who spoke on condition of anonymity, described Chief Aondoakaa’s tenure as one marked by adherence to the rule of law. The sources said court orders were generally complied with during his time in office.
They also questioned claims portraying the former Attorney General as emblematic of alleged institutional failings within the legal system, stating that no specific instance had been cited in which he abused public office or undermined court judgements.
Regarding reports suggesting that Chief Aondoakaa interfered with court processes during the post-election period of the 2007 National Assembly elections, sources within the ministry said available records do not support claims that he acted to obstruct court orders or delay the swearing-in of elected officials.
On questions surrounding eligibility to hold public office, legal practitioners pointed to established Supreme Court jurisprudence, which holds that concurrent judgements carry equal legal weight with lead judgements. A concurring opinion by Justice Mary Odili, JSC, was cited as stating that the issue of disqualification from public office did not arise in the matter concerning Aondoakaa.
The case is reportedly the subject of further judicial proceedings, following claims that earlier judgements were obtained through misrepresentation. The matter remains pending before the courts.
Sources also said documents generated during the administration of former President Muhammadu Buhari, and signed by senior officials of the Ministry of Justice, support the position that Chief Aondoakaa was not implicated in the Utan Bran case. Nigerian Concord Newspaper said it would publish the documents after concluding its investigation.
Further findings indicate that the former Attorney General was not linked to major cases such as the Halliburton scandal, the OPL 245 (Malabu) oil deal, or the recovery of Abacha-era assets.
Supporters of Aondoakaa also note that he was cleared by his party to participate in the 2023 governorship primary election, arguing that this further demonstrates that no court order barred him from holding public office.
Legal experts reaffirm that qualifications and disqualifications for elective office are constitutionally defined, citing the Supreme Court’s decision in Attorney-General of Abia State v. Attorney-General of the Federation, which established that constitutional provisions on eligibility cannot be expanded or restricted by implication.
Politics
Investigation absolves Aondoakaa in Utan Bran compensation case
An independent investigation by Nigerian Concord Newspaper has found no evidence linking a former Minister of Justice and Attorney General of the Federation, Chief Michael Kaase Aondoakaa, SAN, to the Utan Bran compensation case or other alleged scandals at the Federal Ministry of Justice.
The investigation, conducted at the Federal Ministry of Justice, followed reports in sections of the media alleging misconduct by the former chief law officer of the federation.
Documents obtained through the Freedom of Information Act indicate that Chief Aondoakaa was not involved in the legal firms that handled the Utan Bran compensation matter. Findings further show that the judgement debt related to the case was reportedly paid in 2006 under the tenure of a former Attorney General of the Federation, Chief Bayo Ojo, SAN, during the administration of former President Olusegun Obasanjo.
Multiple officials at the Federal Ministry of Justice, who spoke on condition of anonymity, described Chief Aondoakaa’s tenure as one marked by adherence to the rule of law. The sources said court orders were generally complied with during his time in office.
They also questioned claims portraying the former Attorney General as emblematic of alleged institutional failings within the legal system, stating that no specific instance had been cited in which he abused public office or undermined court judgements.
Regarding reports suggesting that Chief Aondoakaa interfered with court processes during the post-election period of the 2007 National Assembly elections, sources within the ministry said available records do not support claims that he acted to obstruct court orders or delay the swearing-in of elected officials.
On questions surrounding eligibility to hold public office, legal practitioners pointed to established Supreme Court jurisprudence, which holds that concurrent judgements carry equal legal weight with lead judgements. A concurring opinion by Justice Mary Odili, JSC, was cited as stating that the issue of disqualification from public office did not arise in the matter concerning Aondoakaa.
The case is reportedly the subject of further judicial proceedings, following claims that earlier judgements were obtained through misrepresentation. The matter remains pending before the courts.
Sources also said documents generated during the administration of former President Muhammadu Buhari, and signed by senior officials of the Ministry of Justice, support the position that Chief Aondoakaa was not implicated in the Utan Bran case. Nigerian Concord Newspaper said it would publish the documents after concluding its investigation.
Further findings indicate that the former Attorney General was not linked to major cases such as the Halliburton scandal, the OPL 245 (Malabu) oil deal, or the recovery of Abacha-era assets.
Supporters of Aondoakaa also note that he was cleared by his party to participate in the 2023 governorship primary election, arguing that this further demonstrates that no court order barred him from holding public office.
Legal experts reaffirm that qualifications and disqualifications for elective office are constitutionally defined, citing the Supreme Court’s decision in Attorney-General of Abia State v. Attorney-General of the Federation, which established that constitutional provisions on eligibility cannot be expanded or restricted by implication.
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