Benue APC: Ex- AGF, Aondoakaa, challenges father Alia’s emergence in court, demands fresh primary


FormervAttorney-General of the Federation and Minister of Justice, Michael Aondoakaa (SAN), has challenged the candidature of Rev. Fr. Hycenth Alia as gubernatorial flagbearer of the All Progressives Congress (APC) in Benue state.

The suit is currently before a federal High Court sitting in Abuja.

Aondoakaa who is also a guber aspirant under the platform of APC, is dragging Rev. Fr. Alia, the Independent National Electoral Commission (INEC) and his party, APC to court.

In a Summons issued on his behalf by his Solicitor Chiesonu I. Okpoko (SAN), and dated June 9, 2022 Aondoakaa is asking the court to determine the following reliefs as obtained from his Governorship Campaign Organization in Makurdi, the Benue State capital:

A declaration of the Court that pursuant to the Provisions of the Electoral Act and the Constitution of the 1st Defendant, the 1st Defendant has failed or neglected or refused to conduct a primary election for the emergence of its gubernatorial candidate in Benue state for the 2023 governorship elections in compliance with the provisions of the said Electoral Act and the Constitution of the 1st Defendant.

A declaration that by virtue of the non-compliance of the 1st Defendant with the provisions of the Electoral Act, 2022 and the Constitution of the 1st Defendant in the conduct of the said 1st Defendant’s primary election process in Benue state for the emergence of its gubernatorial candidate for the 11th March, 2023 gubernatorial election, the 2nd Defendant is not a candidate at the said 11th march, 2023 gubernatorial election or at any subsequent or prior rescheduled date.

To declare as null, void and of no effect whatsoever the Benue state APC governorship primaries allegedly conducted on May 26, 2022 for non-compliance with the provisions of the law, and a further declaration that the summary result sheet of the primary election dated 28th May, 2022 is a null, void and of no effect whatsoever.

A declaration that the Plaintiff was not given an equal opportunity to participate in the said Benue State APC Governorship Primary Election.

A declaration that the “Revised APC Timetable for 2023 Primary Elections” issued by APC National Working Committee (NWC) on the 18th May, 2022 and reaffirmed by the 1st Defendant in it’s Notices of 23rd and 24th May, 2022 for conduct of all APC Governorship Primary Election remain valid and in force.

A declaration that the elected State Delegates remain the only valid voters to participate in the said election of governorship candidate at the 1st Defendant’s Primaries in Benue State.

A declaration that no APC Governorship Primaries was conducted on the 26th, 27th, 28th May, 2022 and or 8th and 9th June, 2022 in Benue State in accordance with the law and the APC Constitution (as amended March, 2022)

A declaration that the purported result issued on the 28th May, 2022 is a nullity on the grounds that a total number of State delegates in Benue State in the 276 Wards do not and/or cannot amount to the results ascribed on the sheet. The total number of State Delegates who can validly elect a Governorship candidate is 1,380.

Aondoakaa also prayed for an order directing a fresh conduct of Benue State APC Governorship Primaries in accordance with the APC National Working Committee (NWC) dated 18th May, 2022 and Revised Notices of 23rd and 24th May, 2022 by State Delegates election (Indirect Primary method)

That the 1st Defendant is duty bound in contract to commence and conclude primary election in Benue State in accordance with the provisions of the Electoral Act, 2022 and the Constitution of the 1st Defendant after having demanded and received the sum of N50,000,000.00 (Fifty Million Naira) only from the Plaintiff, along with other Aspirants.

A declaration that the 2nd Defendant is not qualified to vote, contest and/or be declared as the Winner of the 1st Defendant’s Benue State gubernatorial primary election, he not been a member of the 1st Defendant and his name not been contained in the List of 1st Defendant’s membership Register submitted to the 3rd Defendant in the said Primary election.

A declaration that the 2nd Defendant cannot validly contest and be declared as Winner of the 1st Defendant’s Benue State gubernatorial Primary Election while being an ordained minister of the Holy Catholic and Apostolic Church and member of the Presbyterium of the Catholic Diocese of Gboko and fully engaged as a Minister in the employment and or service of the Catholic Church having regard to the provision of Section 6 (b) of the Code of Conduct Bureau and Tribunal Act LFN 2004 (as amended) which prohibits the 2nd Defendant from holding office as Governor and being in the employment or service of the Catholic Church at the same time.

A perpetual injunction restraining the 2nd Defendant from howsoever holding out or carrying on or parading himself as the gubernatorial candidate of the 1st Defendant for the scheduled 11th March, 2023 gubernatorial election in Benue State.

A mandatory injunction compelling the 1st Defendant to conduct another Primary election for the nomination of the 1st Defendant’s Flag Bearer for the 2023 gubernatorial election in Benue State.

An order directing the 1st Defendant to pay the Plaintiff the sum of N50,000,000.00 (Fifty Million Naira) being refund of payment made by the Plaintiff to the 1st Defendant for the expression of interest form and nomination form, upon total failure of consideration.

The sum of N100,000,000.00 (One Hundred Million Naira) only, payable by the 1st Defendant being exemplary and general damages for its breach of contract to commence and conclude primary election and/or breach of Section 84 Act, 2022 and the Constitution of the 1st Defendant.

Such consequential order or orders as the circumstances may warrant and as the Honourable Court may deem fit at the time of delivery of judgment for appropriate remedy for the Plaintiff.

Meanwhile, in the aftermath of the primaries in the state, the Peoples Democratic Party (PDP) had asked the Federal High Court Abuja to nullify the process in which Rev. Fr Alia emerged as flag bearer.

Responding in a Summons issued last Wednesday on the matter filled by the plaintiff (PDP and Titus Uba), the court issued a restraining order on INEC, and the APC from listing Rev. Fr Alia or any other of its aspirants on the ballot during the 2023 governorship elections in Benue State.

The Writ of Summons with suit no: FHC/ABJ/CS/826/2022, the court further directed the defendants (Rev. Fr Alia and APC) to respond to the directives read by Chief Sebastine T. HON, SAN, before 30 days, starting from the date of issuance.

The court said it gave the directive on grounds that INEC connived with the 2nd defendant (APC) to “breach statutory duties… flout mandatory statutory and constitutional provisions with respect to organizing a primary election” which led to the emergence of Rev. Fr Alia as flagbearer.

It added that upon failure of the defendants to appear before it within the given period, it would compel the 1st defendant (INEC) to reject the publication of the 3rd defendant’s (Rev. Fr Alia) name on the ballot.

More controversies have trailed his emergence as the APC governorship candidate in Benue State. A purported report of Benue State Governorship Appeal Panel of APC recommendation to the National Working Committee to nullify the party’s governorship primaries had also gone viral.