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Supreme Court Schedules October 31 for APGA’s Lawsuit Against Governor Uzodinma in Imo State

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**Supreme Court Sets October 31 Hearing for APGA’s Challenge Against Governor Uzodinma in Imo State**

The Supreme Court has scheduled a hearing for October 31 to address the application filed by the All Progressives Grand Alliance (APGA) seeking to unseat Governor Hope Uzodinma of Imo State.

This hearing arrives three years after the initial filing of the motion and just a month prior to the scheduled governorship election in the state. APGA’s argument revolves around the belief that a fresh election should have taken place in the state after the Supreme Court nullified the election of Emeka Ihedioha of the Peoples Democratic Party (PDP).

The party’s contention stems from the Supreme Court’s prior declaration, before Ihedioha’s election was voided, that Uche Nwosu, the runner-up in the 2019 governorship election, had dual nominations from both the All Progressives Congress (APC) and Action Alliance (AA). APGA, whose candidate finished third in the election, had applied to be included as an interested party in Nwosu’s case while also urging the Independent National Electoral Commission (INEC) to conduct a new election in Imo State within 90 days.

APGA argues that a fresh election is necessary since, in the eyes of the law, Imo State currently lacks a duly and validly elected governor, citing two judgments of the Supreme Court (appeals number SC/1384/2019 and SC/1462/2019).

In the previous case, the Supreme Court found that Nwosu had won the APC primaries and was subsequently nominated as the party’s candidate for the March 9, 2019 governorship election in Imo State. However, the court voided his nomination, asserting that he knowingly allowed himself to be nominated by two political parties, which was invalid under Section 37 of the Electoral Act 2010.

APGA’s legal team contends that the Supreme Court’s judgment in the second appeal (SC/1462/2019), which led to the removal of then-Governor Emeka Ihedioha, did not establish that Senator Uzodinma was duly nominated by the APC. Therefore, APGA seeks permission to participate in the substantive suit, filed on July 9, 2020, and requests an order to exclude the APC and Action Alliance (AA) from the upcoming governorship election in Imo State within 90 days.

The Supreme Court communicated the hearing date to the concerned parties through a notice dated October 16, 2023, signed by one of its Registrars, Usman Bature.

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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

Published

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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