With the pronouncement before the Federal High Court, Abuja by INEC that it is constitutionally Bound to obey a Supreme Court ruling which prohibits former Attorney General of the Federation, Chief Michael Kaase Aondoakaa, SAN, from holding public office in Nigeria, the door has been effectively shut on the Benue PDP candidate's bid for the governorship of the State in the 2027 election. The development finally puts to rest protracted attempts by the former Attorney General's spin masters who have insisted that the Benue PDP candidate is edible to contest the election. It also dramatically alters political calculations in the run up to the governorship contest in Benue State. In Suit No. FHC/ABJ/CS/2152/2026, four plaintiffs, David A. Ejembi, Aondoaver Teryila, Joseph Okpanachi and Benedict Akaazua Orkume, sued INEC, the Peoples Democratic Party (PDP) and Chief Aondoakaa as 1st, 2nd and 3rd defendants respectively. Their originating summons, filed September 9, 2026, asked the court to interpret sections 235, 287(1) and 318(1) of the 1999 Constitution. They wanted a declaration that INEC must comply with the Supreme Court’s decision in Aondoakaa v. Obot (2022) 5 NWLR (Pt. 1824) 523 by stopping the former from contesting the 2027 governorship election in Benue State. In the lead judgment, Justice Kudirat Kekere-Ekun, now Chief Justice of Nigeria, described as highly reprehensible a situation where a Chief Law Officer of the Federation would counsel disobedience to a final judgment. She agreed with the trial judge, as affirmed by the Court of Appeal, that given his conduct in that office, Aondoakaa “ought not be entrusted with any other public office at all.” In a written address dated and filed September 28, 2026, INEC’s counsel, Idris Yakubu, Esq., of Beachcroft Solicitors, framed a single issue for determination: whether INEC is under a constitutional obligation to comply with the Supreme Court’s judgment. The commission answered that question in the affirmative. INEC relied on section 287(1) of the Constitution, which requires all authorities and persons to enforce Supreme Court decisions, and on section 235, which makes those decisions final. It cited a line of apex court authorities, including Kanawa v. INEC (2022), Oye v. Odidan (2025) and Governor of Kwara State v. Adeniyi (2021). According to the commission, the requirement that Supreme Court decisions bind “every authority or person in Nigeria” covers all the defendants in the suit. The commission further argued that the office of Governor is a public office. It cited Aroyame v. Governor of Edo State (2023) and Nyame v. FRN (2021), where the Supreme Court held that a governor is a public officer under the Constitution and the Code of Conduct provisions. INEC also referred to an exhibit in which, it said, Justice A.R. Mohammed had discovered an attempt by Aondoakaa to disparage the judiciary and urged the court to stop what it described as a deliberate and unconstitutional attempt. The commission concluded that, as a law-abiding body and a creation of the law, it would be bound by the decision of the court. The PDP’s and Chief Aondoakaa’s responses to the suit were not available at press time.

Posted: 2weeks ago

Author: Editor in Chief

Current date: 18 October 2026