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Court Dismisses Suit Challenging Tinubu’s NDDC Appointments

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Justice James Omotosho of the Federal High Court in Abuja has dismissed a suit challenging President Bola Tinubu’s appointments to the Niger Delta Development Commission (NDDC). The court ruled that the case lacked merit, as the plaintiffs failed to substantiate their claims.

The plaintiffs had sought to compel President Tinubu to withdraw the nominations of Samuel Ogbuku, Boma Iyaye, Victor Antai, and Ifedayo Abegunde, arguing that the appointments violated Section 12(1) of the NDDC Act. This section mandates that the Managing Director and Executive Directors must be indigenes of oil-producing areas based on the amount of oil produced by each region.

The plaintiffs also argued that past appointments to the NDDC had favored certain oil-producing states while marginalizing others like Imo, Cross River, and Edo.

Defendants Assert Lack of Legal Standing

The NDDC’s legal team opposed the suit, arguing that the plaintiffs lacked the locus standi (legal standing) to bring the case. They maintained that only the governors of oil-producing states or their Attorneys General had the legal right to challenge the appointments.

The Commission further argued that the appointments complied with the NDDC Act’s requirement for “adequate representation” from oil-producing areas.

Court Rules in Favor of Defendants

In his judgment, Justice Omotosho agreed with the defendants, ruling that the plaintiffs did not have the legal standing to pursue the case. He emphasized that the Attorney General of the state would be the appropriate party to file such a lawsuit.

The judge also noted that the plaintiffs failed to provide evidence regarding the quantum of oil produced by each state or the history of NDDC appointments.

“This is simply an assertion without proof. This court is handicapped in going to the merits of this case,” Justice Omotosho stated, leading to the dismissal of the suit.

President Tinubu’s 2023 appointments to the NDDC have sparked debates, with critics questioning whether they comply with the NDDC Act’s provisions on representation from oil-producing states.


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Politics

Investigation absolves Aondoakaa in Utan Bran compensation case

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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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Politics

Investigation absolves Aondoakaa in Utan Bran compensation case

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on

By

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.

Continue Reading

Politics

Investigation absolves Aondoakaa in Utan Bran compensation case

Published

on

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.

Continue Reading

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