Nigeria Attorney-General of the Federation, Abubakar Malami, admitted to filing inaccurate documents in court, exonerating governor-elect Dr. Peter Mbah from an ex-convict claim at the Federal High Court in Abuja.
In a letter dated April 28, 2023, titled “Re: Wilful Mischief,” the Attorney General of the Federation acknowledged that his office filed incorrect processes and stated that Peter Mbah was never convicted.
Mbah ran for governor under the PDP in Enugu State and won, according to INEC. However, in December 2022, six individuals, led by Mr. Felix Ugwu, sued Mbah, former governor Chimaroke Nnamani, the EFCC, and the AGF, seeking a declaration that Nnamani and Mbah had been convicted in charge No. FHC/L/09/07.
The Attorney General of the Federation responded that Mba and Nnamani were never convicted. Other plaintiffs in the suit include Ugwu, Ndubusi, Eze, Ude, Ugwu, and Aroh. They asked the court to declare that the guilty plea entered on behalf of Mba and Nnamani by Justice Yunusa at a Federal High Court in Lagos is a binding conviction under Section 270 of the ACJA 2015.
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They wanted a declaration that Mbah couldn’t run for governor within 10 years of July 7, 2015, due to Section 182(1(e) of the Constitution. Ugwu’s affidavit supported the claim. George Ogara, a senior lawyer and APC’s deputy governorship candidate in the Enugu 2023 election, had a process filed against him that contained false information by an officer in the Federal Ministry of Justice.
Mbah was discharged from Charge No. FHC/L/09C/2007 over two years before the plea bargain, according to court documents obtained. Federal Court in Lagos ruled by Justice M. N. Yunusa, 7/3/13, Charge No. FHC/L/09C/2007: Nigeria v. Yunusa. Nnamani Chimaroke and 11 others, Mr. Peter Mbah, and two others were acquitted of all charges in Charge No. FHC/L/09C/2007: Federal Republic of Nigeria v. Peter Mbah. Nnamani Chimaroke and 11 others were represented by EFCC counsel.
Mbah’s lawyers then petitioned the Minister of Justice and AGF regarding “mischief and gross misconduct.” The Minister of Justice acknowledged in a letter dated April 28, 2023, that the processes filed by his office in the case of Felix Ogwu v. Peter Mbah & Others were incorrect as Mbah had never been convicted.
The letter to Mbah’s legal counsel, Onyechi Ikpeazu, signed by Solicitor-General Mrs. Beatrice Jedy-Agba, referred to their concerns about a filing process on behalf of Hon. Mbah. The Attorney-General of the Federation has reviewed the processes filed, acknowledged an error in presenting facts on behalf of the Hon., and addressed the matter. The Attorney-General reviewed the case but found no evidence of past convictions for the first and second defendants. We are handling the matter internally and preparing to file court papers.
The case was brought before Justice James Omotosho of the Federal High Court in Abuja, and the plaintiffs’ counsel, Barrister C. Izunobi, requested a short adjournment as she was unable to respond to the motion served by defendant’s counsel Aliyu. The court granted her prayer. Mbah previously filed a complaint with the Legal Practitioners Disciplinary Committee in January against George Ogara and Ejike Obumneme. He claimed they filed a false and malicious suit, which violated the Rules of Professional Conduct for Legal Practitioners and is punishable by the rules.
