*As Supreme Court rules on 15-year post-election litigation
ABUJA — A 15-year legal battle by Akwa Ibom politician, Hon Emmanuel Obot, culminated in a landmark Supreme Court judgment that permanently barred former Attorney General of the Federation (AGF) and Minister of Justice, Michael Kaase Aondoakaa (SAN), from holding any public office in Nigeria.
In a unanimous judgment delivered on 10 December 2021 in Appeal No. SC.939/2015, the Supreme Court dismissed Mr Aondoakaa’s appeal and affirmed the concurrent decisions of the High Court and the Court of Appeal, which held that the former AGF undermined the rule of law by attempting to frustrate the execution of valid court judgments.
The dispute arose from the Peoples Democratic Party (PDP) primary election for the Uyo Federal Constituency seat in Akwa Ibom State in December 2006.
Mr Obot had emerged winner of the primary election and was submitted to the Independent National Electoral Commission (INEC) as the party’s candidate. He was, however, later substituted with Bassey Etim, prompting him to institute legal proceedings challenging the substitution.
In October 2007, the Court of Appeal, Calabar Division, ordered the constitution of a fresh election petition tribunal to determine Mr Obot’s petition. The tribunal later ruled in his favour and directed INEC to issue him a Certificate of Return.
Court records showed that while serving as Attorney General under the administration of late President Umaru Musa Yar’Adua, Mr Aondoakaa wrote official letters dated 8 January 2008 and 16 February 2009 seeking to prevent compliance with the Court of Appeal’s judgment. He also wrote to the then INEC Chairman, Professor Maurice Iwu, urging the electoral body not to enforce the tribunal’s decision.
The courts held that those actions amounted to a deliberate attempt to obstruct the administration of justice and subvert the rule of law.
Delivering the lead judgment, Justice Kudirat Kekere-Ekun endorsed the findings of the lower courts, describing Mr Aondoakaa’s conduct as incompatible with the office of the nation’s chief law officer.
The Supreme Court adopted the Court of Appeal’s characterisation of his actions as “a most sordid low in the administration of justice” and affirmed that “public office is a sacred trust” which should not be occupied by persons who fail to uphold the Constitution and the rule of law.
The apex court upheld the declaration that Mr Aondoakaa was not a fit and proper person to hold the office of Attorney General of the Federation. It also affirmed a perpetual injunction restraining him from holding the office of Attorney General, Minister of Justice, or any other public office in Nigeria.
Additionally, the Supreme Court awarded N2 million in costs to Mr Obot and upheld the recommendation that the Nigerian Bar Association subject Mr Aondoakaa to its disciplinary processes.
• COURT ORDERS:
1. Declaration that Aondoakaa is not “a competent, fit and proper person” to hold office as AGF given his oaths.
2. Perpetual injunction restraining him from holding office of AGF/Minister of Justice and any public office in Nigeria.
3. N50,000,000 exemplary damages awarded against 1st and 2nd defendants at the High Court level.
4. The Supreme Court in SC.939/2015 dismissed Aondoakaa’s appeal and awarded N2,000,000 costs to respondent Emmanuel Obot. The panel included Justices Mary Peter-Odili, Kekere-Ekun, Garba, Saulawa and Agim.
The court also invited the Nigerian Bar Association to subject Aondoakaa to its disciplinary processes.
The judgment brought to a close one of Nigeria’s longest-running post-election legal disputes and remains one of the judiciary’s strongest pronouncements on accountability and the obligation of public officials to respect and enforce court decisions.
