By Peter Duru

Former Attorney-General and Minister of Justice Chief Michael Kaase Aondoakaa  had a parley with newsmen at his Makurdi residence recently to mark his 48 birth day . In this interview he spoke on  remours of his intention to run for the position of Governor of Benue State in 2011 elections and other topical issues. Excerpts:

At 48, one would say you have seen all in terms of steady development and progress. What is new for you now?
Well, I cannot say I have seen all but I have a lot of challenges. I have also been opportune to occupy some offices which God in his own wisdom elevated me to.  I am not an over – ambitious person, therefore, I don’t try to over – estimate my luck. So, at every given time I may have internal feelings of aspiring to go higher but I want God to guide me.

You were one of the most powerful ministers under our late president. The roles that you played especially towards the end of that administration are still fresh in the memories of Nigerians. If given that opportunity again, would you still play your card in a similar manner?
First, let me correct the impression that I was one of the most powerful ministers. I think I was one of the least powerful because my duties were guided by the constitution. So, it is the constitution that was very powerful not me. Second, the whole circumstances that started from 23, November, 2009 to February 12, 2010 were unfortunate. It’s something that as a person I would wish never happened to this nation.

It was a very trying time for this nation because what happened is an incident that occurs once in a lifetime. So, when it occurred, it was very difficult to manage. It was really a strange situation; situation that the constitution did not particularly envisage. So, it was a tough time.

That is all I can say about that. I am very happy that the new leadership has tried to move the country forward not to look back on what has happened.   I beleive that God gave me the opportunity to serve.  God has given the other people who have come, who are Nigerians and equally qualified opportunity to serve.

The beauty of it is that they will correct the mistakes some of us must have made when we were there. I think that is what governance is all about. One other good thing is that this administration has rolled out the 7 – point agenda and it is holding firm to it and making progress with it. And that is why I have been saying that we should give support to the administration to ensure that the 7 – point agenda is actualized so that Nigerians can be happy. That is what I stand for whether I am in government or not, I feel that it is part and parcel of what we started together.

While as minister, there were several calls on you from the state to come and contest the governorship seat. Now that you are out of the FEC, are you nursing that ambition?
Even when I was minister, they said it but I said no. Now that I have left the office as you said, I am making it clear to the people of Benue State that I don’t betray friends. Gabriel Suswam and I started out before he became Governor.

I remember when I was made a Senior Advocate of Nigeria (SAN). Immediately I was announced a Senior Advocate, Gabriel drove all the way from Abuja to Gboko where I was. He was a member of the House of Representatives then. He met me and asked what we were going to do. He told me he had already secured Rockview Hotel for me. This is the first time I am disclosing this. He went further to say he would order a robe for me apart from taking care of other things. Before then, Akume came in and said look, for the official robes, history has it that all the past Senior Advocates from the state, government gave them money. All the petty things that  were associated with the ceremony were funded by Gabriel.

Recently, a High Court in Calabar passed a judgment barring you from holding any public office. What is your reaction to the judgment?
Many senior lawyers have already commented about it. It is a hopeless position which no reasonable judge would take. The judge himself said I was not served. Then he said the lawyer from the Ministry of Justice should represent me. I was no longer Attorney General, how can you ask somebody to represent me when I am already out of the office? So, that is the paradox of it. I was no longer an Attorney General.

What is your take on the electoral reforms?
Extensively, the National Assembly has done its job. When I was made an adhoc chairman, people accused me to have doctored the report. But  unfortunately for them and fortunately for me, not a single of my own recommendation has been rejected by the National Assembly.

I have been thinking that the national assembly would be accused that Aondoakaa has compromised, but the matter has died down. I keep wondering how 109 senators and over 300 House of Reps members will all just agree with Aondoakaa if I were stupid the way I was being painted. But I leave that to posterity. Not a single thing of what I did has been rejected by the national assembly. Not one piece of the amendments I proposed after the Uwais report has been rejected.

Eighty percent of the Uwais report was accepted by us, twenty percent was what I disagreed with as Attorney General. I disagreed with it and proposed it as amendment in the way I thought it was accepted by the Federal Executive council (FEC). It was accepted by Council of State and it went to national assembly and the national Assembly has not rejected it. So, it’s left for you now to ask the Judge in Calabar that if this Aondoakaa is not daft, how came that the whole amendment he proposed has not been rejected by the National Assembly. Twenty percent of what I said is not correct; one was the burden of proof. You have over 50 political parties, and then you said the burden of proof should shift to the person who won the election and what the petitioner is supposed to do is to just present the petition. He can just tell you, you are a thief and that is all? He cannot come to proof and you are the one to deny and proof that you are not a thief? It doesn’t work like that. Our country has not reached that level.

Secondly, the law does not support such thing. In criminal allegation, it is expected that the person who alleges that you are thief must proof. Somebody said you thumb – printed; snatched ballot box; committed thuggery, these are all criminal allegations. So, how can you just say the moment somebody files a petition against you, then he has nothing to do than for you to start defending yourself.

You would see that very frivolous allegations will come up and that is what I said and that is what I was being crucified in this country for. And I am happy that other judges during the swearing in of the Chief Justice of Nigeria and the President of the Court of Appeal, they also agreed with me that the burden of proof doesn’t shift and that it is he who alleges that has to proof. And the INEC should have amended it. Section 36 of the Nigerian Constitution talks of fair hearing. In criminal cases you must give the accused person the charges and you must proof the charges. So, if you are going to election petition now and you say it should be proved once somebody says you stole election, it is you who may deny it, what of that section 36 of the constitution which was not amended? So, these were the circumstances that made me to tamper with that report. Now, I have been vindicated by the National Assembly.