A Federal High Court sitting in Calabar, Cross River State has restrained a former Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa (SAN), from holding the office of AGF or any other similar public offices in future in Nigeria.



It, therefore, advised government to always consider Aondoakaa unfit and incompetent to hold public offices because of his conduct while serving as AGF in the administration of the late former President Umaru Yar’Adua.



A copy of the certified true copy of the Tuesday judgment by Justice Adetokunbo Ademola obtained by our correspondent in Calabar on Sunday , also referred the ex-minister to the Nigerian Bar Association for appropriate disciplinary action.



The judgment was on a suit filed against Aondoakaa by the Peoples Democratic Party candidate for Uyo Federal Constituency, Akwa Ibom State, Mr. Emmanuel Obot.



Obot had challenged the Independent National Electoral Commission and PDP for substituting him as the party’s candidate for the 2007 election with Mr. Bassey Etim.



The Election Petition Tribunal in Uyo had in its ruling sacked Etim and asked INEC to issue a Certificate of Return to Obot. The judgment was affirmed by the Court of Appeal sitting in Calabar.



The Court of Appeal had before its ruling ordered that a new panel should be reconstituted to retry the petition, but Aondoakaa, in a letter dated January 8, 2008 to the President of the Court, asked him not to comply with the directive.



Aondoakaa also used his position as the AGF to volunteer a letter on February 16, 2009 to the former Chairman of INEC, Prof. Maurice Iwu, begging him not to issue a certificate of return to Obot.



He also wrote to the Speaker of the House of Representatives, Mr. Dimeji Bankole, imploring him to allow Etim to remain in the House despite the Court of Appeal judgement.



Obot had, therefore, approached the Federal High Court to determine whether or not the conduct of Aondoakaa in the three separate letters did not constitute abuse of powers conferred on him by section 150(1) of the 1999 Constitution.



He also sought to know whether the conduct of the former AGF did not undermine and subvert the administration of justice, the rule of law and the independence, authority and integrity of the judiciary established under Section 36(1) of the constitution.



He asked the court to determine whether or not in the circumstances of the said letters, Aondoakaa was a fit and proper person to hold the office of the AGF in conformity with Section 149 of the 1999 Constitution.



The plaintiff also urged the court to award him damages of N100m jointly and severally.



In his ruling, Adetokunboh, observed that there was no counter-affidavit filed by the defendant to deny the letters and challenge depositions in an affidavit filed by the plaintiff.



He said, “It is also settled in law that the documents tendered and admitted in court are like words uttered and do speak for themselves. They are more reliable and authentic than words from the vocal cord of man as they are neither transient nor subject to distortion or misinterpretation but remain permanent and indelible through the ages.”



He also noted that the conduct of Aondoakaa was a desecration of the office of AGF, adding that the position as created by law was meant for learned and eminent members of the Bar and not for political charlatans, jobbers or latter day praise singers.



While addressing the present AGF and Minister of Justice, Mr. Mohammed Adoke, he regretted that a matter that was decided since February 12,2009 by the Court of Appeal was yet to be implemented because of the spurious letters written by the former AGF.



He said, “A declaration is hereby made that Aondoakaa undermined and subverted the rule of law, the due administration of justice and the independence, authority and integrity of the judiciary in the letters of 8th January 2008, 16th February 2009 written by him in the capacity of the AGF.



“A declaration is hereby made that Aondoakaa is not a competent, fit and proper person to hold office as AGF having regards to the Oath of Allegiance and Office. N50m exemplary is hereby awarded against him and the office of the AGF in favour of the plaintiffs.



“A perpetual injunction is hereby made restraining Aondoakaa from occupying the office of the AGF and Minister of Justice and such other similar offices in the Federal Republic of Nigeria.”

http://www.punchng.com/Articl.aspx?theartic=Art20100607338164

Interesting!

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