Four registered voters in Benue State have asked the Federal High Court in Abuja to disqualify former Attorney-General of the Federation (AGF) Michael Aondoakaa from contesting the state’s 2027 governorship election, citing an earlier Supreme Court ruling that barred him from holding public office.
The plaintiffs-David Ejembi, Aondoaver Teryila, Joseph Okpanachi and Benedict Orkume, filed the suit against the Independent National Electoral Commission (INEC), the Peoples Democratic Party (PDP), and Mr. Aondoakaa.
The case is numbered FHC/ABJ/CS/2152/2026.
NewsQuest reports that Aondoakaa is seeking the PDP’s nomination to contest the election.
Through their lawyer, Fredricks Itula, a Senior Advocate of Nigeria, the plaintiffs asked Justice Joyce Abdulmalik to declare that INEC is constitutionally required to enforce the Supreme Court’s decision in Michael Kaase Aondoakaa v. Obot (2022) 5 NWLR (Pt. 1824) 523.
They said the ruling, read alongside Sections 235 and 287(1) of the Constitution and the definition of “public office of a state” in Section 318(1), prevents the PDP from sponsoring Aondoakaa and requires INEC to reject his candidacy.
The plaintiffs also sought an order directing the PDP to end its sponsorship of Aondoakaa and a perpetual injunction barring him from contesting the election.
At Monday’s hearing, Mr. Itula told the court that the plaintiffs had been unable to serve Aondoakaa with the originating processes.
He therefore moved an ex-parte application seeking permission to serve the former AGF through the PDP’s office. Justice Abdulmalik granted the application and directed that a copy of the substituted service be filed with the court as proof of service.
The judge also ordered the plaintiffs to serve hearing notices on all the defendants. She adjourned the case until September 29 for further mention.
The Supreme Court Ruling
The suit is based on a legal dispute that began with the 2007 election for the Uyo Federal Constituency of Akwa Ibom State.
Emmanuel Obot, who won the PDP primary, said his name was submitted to INEC but later replaced unlawfully. After a series of proceedings, the Court of Appeal ordered INEC to issue him a certificate of return and directed that he be sworn in as a member of the House of Representatives.
Aondoakaa, who was then the federation’s chief law officer, wrote to the President of the Court of Appeal, the INEC chairman and the Speaker of the House of Representatives, urging them not to implement the rulings.
The letters prevented Obot from taking his seat before the legislative term ended.
Obot subsequently sued Aondoakaa in his personal and official capacities, arguing that he had used the office of AGF to obstruct the enforcement of a final court judgment.
In 2010, the Federal High Court ruled that Aondoakaa was “not a competent, fit and proper person to hold office” and awarded Mr. Obot N50 million in damages.
The Court of Appeal affirmed the judgment in 2015, holding that Mr. Aondoakaa had undermined the rule of law, the administration of justice and the independence and integrity of the judiciary.
The Supreme Court upheld the lower courts’ decisions on Dec. 10, 2021. In its unanimous judgment, a five-member panel led by then-Justice Mary Peter-Odili dismissed Aondoakaa’s appeal and affirmed his lifetime disqualification from public office.
Justice Kudirat Kekere-Ekun, who delivered the lead judgment and is now Chief Justice of Nigeria (CJN), described his conduct as reckless and unbecoming of the federation’s chief law officer.
The new suit asks the Federal High Court to apply that judgment to Aondoakaa’s proposed bid for the Benue State governorship.
