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Court Rejects Shaibu’s Bid to Invalidate Edo PDP Governorship Primary

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By Milcah Tanimu

The Federal High Court in Abuja has turned down a legal challenge brought by Philip Shaibu, the impeached former deputy governor of Edo State, seeking to nullify the Peoples Democratic Party (PDP) gubernatorial primary that led to the emergence of Asuen Ighodalo as the party’s candidate.

In a ruling handed down on Monday, Justice James Kolawole Omotoso dismissed Shaibu’s case on several grounds, including his lack of legal standing to bring the suit and his failure to fulfill preconditions for filing such a case.

The judge emphasized that Shaibu, who did not participate in the primary, lacked the legal right to contest its validity. Justice Omotoso highlighted overwhelming evidence indicating Shaibu’s absence from the Samuel Ogbemudia Stadium in Benin City, where the primary was conducted on February 22. Instead, Shaibu was found to have participated in a separate primary held at his residence.

Furthermore, the court ruled that Shaibu had not exhausted internal party mechanisms as required by law before resorting to legal action. Additionally, since Shaibu did not partake in the primary, he had no grounds to demand its cancellation or challenge Ighodalo’s candidacy.

The Edo gubernatorial election is slated for September 24 this year.

Shaibu’s lawsuit sought to prevent the Independent National Electoral Commission (INEC) from recognizing Ighodalo as the PDP’s gubernatorial candidate and demanded a fresh primary. Shaibu argued that the Electoral Act 2022 and PDP guidelines were violated during the February 22 primary.

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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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