AONDOAKAA SPEAKS ON BEING BARRED FROM OCCUPYING PUBLIC OFFICE OR CONTESTING ELECTION.

PRESS RELEASE IN RESPONSE TO THE MALICIOUS AND DISHONEST FALSEHOOD AGAINST THE PERSON OF CHIEF MICHAEL KAASE AONDOAKAA, SAN, FRONTLINE APC GOVERNORSHIP ASPIRANT, BENUE STATE.

24th February, 2022

Our attention has been drawn to a statement of deliberate falsehood made on various Media platforms wherein it is alleged that the Supreme Court has barred Chief Michael Aondoakaa, SAN from holding public office in the Country for life.

Ordinarily, we would not have joined issues with such baseless falsehood but to put records straight for the benefit of members of the public and to arm our supporters and political associates with facts, in orser to help correct any attempt by political opponents and anyone intending to put up similar mischief now or in future, we hereby state categorically that the said statement against Chief Aondoakaa is the handiwork of persons, who are unpopular and threatened by the popularity and fast rising support-base of the former Attorney General of the Federation and Minister of Justice, who is a frontline Benue State governorship aspirant under the platform of the All Progressives Congress, APC.

Contrary to the said false allegations, we hereby refer to the judgment of the Supreme Court in the said APPEAL NO. SC.939/2015: MICHAEL K. AONDOAKAA, SAN vs. HON. EMMANUEL B. OBOT & 1 OR delivered on the 10th day of December, 2021 at Pages 21-22, Per Mary Ukaego Peter-Odili, JSC who (Presided over the Panel) where the Court held as follows:

“These allegations, bordering also on criminality, are allegations of breach of paragraph 1 of the Code of Conduct for Public Officers. By paragraph 12 of part 1 of the said 5th Schedule to the Constitution:

“Any allegation that a public officer has committed a breach of or has not complied with the provisions of this code shall be made to the Code of Conduct Bureau.”

In paragraph 15(1) of part 1 of the said Schedule, the Code of Conduct Tribunal is established. Paragraph 18 of the said Schedule further provides:

“1. Where the Code of Conduct Tribunal finds a public officer guilty of a contravention of any of the provisions of this code, it shall impose upon that officer any of the punishment specified under sub paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly.

2. The punishment, which the Code of Conduct Tribunal may impose, shall include any of the following:

(a) Vacation of Office or seat in any legislative house, as the case may be;
(b) Disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years.”

His Lordship, Mary Ukaego Peter-Odili, JSC went further to hold in the aforesaid Judgment at Page 23 thereof, specifically on the issue of Chief Michael Kaase Aondoakaa, SAN holding public Office that:

“Indeed, the issue of qualification for holding the office of the 2nd Respondent or any other public office does not arise.”

This, certainly, when they read this in the judgments they realized that their efforts and evil thoughts have been put to shame.

However, it is important to draw attention to the Provisions of the Constitution and the Code of Conduct as reproduced above by the Supreme Court in its judgment in the said APPEAL NO. SC.939/2015 to the effect that the period of ten years has long elapsed since the 1st day of June, 2010 when the Judgment of the trial Court in the suit giving rise to APPEAL NO. SC.939/2015: MICHAEL K. AONDOAKAA, SAN vs. HON. EMMANUEL B. OBOT & 1 OR was delivered by the Trial Court.

Furthermore, the allegations that Chief Michael Kaase Aondoakaa, SAN used his public office to commit an unlawful act in pursuit of private and personal interest, upon which Judgment was obtained in the Original suit that gave rise to APPEAL NO. SC.939/2015: MICHAEL K. AONDOAKAA, SAN vs. HON. EMMANUEL B. OBOT & 1 OR has been discovered to be fraudulent and fabricated falsehood, as information received under the Freedom of Information Act from the Ministry of Justice of the Federation has clearly established that the payments in respect of the said Utan Brama case were made in the year 2006 by Chief Bayo Ojo, SAN, the predecessor in office to Chief Michael Kaase Aondoakaa, SAN, well before Chief Michael Kaase Aondoakaa, SAN became the Attorney General of the Federation in July, 2007.

Moreso, no payment was made in respect to the Utan Brama case during the tenure of Chief Michael Kaase Aondoakaa, SAN as Attorney General of the Federation and Minister of Justice and M.K. Aondoakaa and Co. Private Law Firm never represented the Utan Brama Victims at any time.

It is pertinent to note that, nobody can hide the truth, it can only be delayed, and that people like the APC Frontiers Group and their cohorts must have now buried their faces in shame.

The issue of the fraudulent obtainment of judgment in the Original Suit that gave rise to APPEAL NO. SC.939/2015: MICHAEL K. AONDOAKAA, SAN vs. HON. EMMANUEL B. OBOT & 1 OR has been reported to the Inspector General of Police and is also a matter now pending in Court and because the matter is already pending in Court, we cannot comment further.

The learned silk spoke elaborately on the said issue during a radio phone-in programme “The Political Conversation” on Brothers FM 90.5 last Sunday 20th February, 2022, saying:

“This is nothing other than people who are afraid of my popularity or reasons best known to them. Or may be they didn’t read the Supreme Court Judgement. But I have given you the copy of the judgement and the paragraph that is relevant to the issue. It reads in part…”indeed the issue of qualification for holding the office of the second respondent or any other public office does not arise.” The second respondent in this case is the office of the Attorney General of the Federation which I held at that time.

“For whatever reason, some people were happy. This was a private dispute between me and somebody. When I left government, they could have accused me of corruption but there was nothing of such despite the hostile manner I parted government of my handling of late PresidentYar’adua medical vacation crisis. I was in Rome, doing a UNDROIT job, then the case was in the peak of the aftermath of the late Yar’adua Medical vacation crisis and his Excellency date

” Somebody filed an action against me and the Office of the Honourable Attorney General of the Federation at Federal High Vourt Court calabar ,which I was not aware of it . He served it on the Ministry of Justice and by February 10th 2010 , I was removed from office, I was not aware of the case. Infact, the issue was funny, that in 1996, I Michael Kaase Aondoakaa had a law firm called M K Aondoakaa and Co, represented Utan Brama Fire Disaster Community in Akwa Ibom State. I was barely about 10years at the bar. That I represented the Utan Brama Fire Disaster community in Akwa ibom State and when I became Attorney General I paid the money and had personal interest with them because of the payment amounting to conflict of interest. Look at how easy they would have taken me to ICPC or EFCC or Code of Conduct. Somebody sued me for that.

“Federal Ministry of Justice,Portharcourt office went there and filed a defence for office of Attorney General of the Federation but did not file defence for me because i was no longer Attorney General of the Federation at the time the case was held in June 2010. The Senior State Counsel Mrs Akpan who filed conditional memorandum of appeal also on my behalf did not appear at the hearing of the matter. I have have seen or met Mrs Akpan in my life though she might have entered appearance for me and the Office of Attorney General of the Federation in her normal official status as the resident State Counsel in at portharcourt zonal office of the Federal Ministry of Justice.I was not aware of the case and judgement was entered against me. The issue is now in court again because when I came back after this judgement, we sought from the current Hon. Attorney General to find out what really happened…may be I made the said payment but I was sure that in 1996 I was practicing in Gboko and I wonder how I could have gone to represent people in Akwa ibom state. I Sought the aforesaid under Freedom of Information Act , and we got a shocker which is now a matter pending in court. The said payment was done in 2006 by my predecessor (,former Attorney General). The amount the plaintiff accused me to have paid was 414million and I was still negotiating to pay judgment debt interest amounting to 700million naira. . What my predecessor actually paid was 350Million in 2006 as full and final payment by consent of the parties in the matter . Furthermore that my law firm MK Aondoakaa &Co never acted for Utam Brama Fire Disaster Community . The case was decided based on sworn affidavit evidence of the Plaintiff which facts therein were uncontested because I had no defence being unaware of the case. The lawyers from Federsl Ministry of Justice did appear in court during the hearing of the case.

Relying on several authorities of the Supreme Court which says a judgement obtained by fraud can be set aside as being a tortuous wrong, we went back to court and the matter is in court, so I will not comment further. I have served them and they have joined issues. Now that they said on oath that I am the one who made the payment in Utan Brama Fire Disaster case and had personal interest by also representing the said Utan Brama in a private capacity but under the Freedom of Information the Office of the Attorney of the Federation has confirmed that the money was paid in 2006 and I became Attorney General of the Federation in 2007. iam back in court on the grounds of obtaining judgement against me by fraud. I have reported the fraud to Inspector General for investigation. That truth can only be delayed but can never hidden forever.

“In any case, I read the judgement which says it has nothing to do with me holding public office or contesting election.They don’t read the Constitution. What does the Constitution say? It says even if you are convicted of breach of Code of Conduct of public office or an offence involving dishonesty, it is only for 10years. Section 182 of the Constitution i and the Code of Conduct Schedule 15 are very clear. This judgement was given in June 2010 at the heat of the crisis which involved me at the initial time of PresidentJonathan administration over the manner late President Yar’adua Medical vacation was handled and my stand over the matter

“From June 2010 to June 2020, is that not 10years? But they are narrow-minded. Instead of coming to say on the table, this is what I have for Benue people, it is Aondoakaa they want to face. The judgement is there in the Supreme court and I have given a copy to whoever wants to read it,” he said.

We, therefore state that rather than hide to disseminate false and misleading information against the person of Chief Michael Kaase Aondoakaa, SAN, those who are interested in contending with the candidacy of the APC or outside the party with Chief Michael Kaase Aondoakaa, SAN should prepare and get ready to test their popularity by confronting Chief Michael Kaase Aondoakaa, SAN at the APC Governorship Primaries or any other legitimate forum, rather than hide behind a faceless Social Media Group like the so called “APC Frontier Group” to spill deliberate falsehood and mischief.

We call on our teeming Supporters to intensify campaigns and to work hard to ensure the victory of Chief Michael Kaase Aondoakaa, SAN as the Benue State APC Governorship candidate and eventually the Governor of Benue State come 2023.

Together, we will make it!

SIGNED:
TERNGU DAM OBED
DIRECTOR MEDIA, MKA CAMPAIGN ORGANIZATION.