The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, on Wednesday, said his ministry is working with relevant agencies to give effect to the court judgement directing him to delete Section 84 (12) of the Electoral Act.
Answering questions from correspondents after Wednesday’s at the Presidential Villa, Abuja, he affirmed that the process of execution of the judgment is still on.
He said: “My clear response arising from there, is the fact that truly there exist a court judgment. By the judgment, the court directed the Office of the Attorney-General, to take the necessary steps to delete the provision, which in essence implies that the provision should not form part of our laws.
“Whether it has been deleted, or has not been deleted, is indeed a function of agencies of government and associated relevant parastatals, but the true position of it in that respect is the fact that government printers, and indeed Law Reform Commission, among others, that are responsible for the codification and gazetting of our laws, are working naturally, hand in hand with the Office of the Attorney-General for the purpose of ensuring that what goes into our laws are indeed in line with the provision of the law.
“So, what I am saying in essence, it is indeed a work in progress against the background of the fact that the Law Reform Commission is involved statutorily, which is a parastatal under the Office of the Attorney-General, is a party to the process of codification. The government printers, which are saddled with the responsibility of gazetting our laws at the request of the Office of the Attorney-General is equally involved.
“Above all, as you rightly stated, the possibility of an appeal is equally there. So, what I am saying in effect is the deletion of section 84 Subsection 12 is a work in progress and is being considered as such.”
Recall that barely three weeks after President Muhammadu Buhari signed the Electoral Act Amendment Bill 2022 into law, a Federal High sitting in Umuahia, the Abia State, nullified Section 84 (12) of the Act and ordered the Attorney General of the Federation to delete it.
The section, among others, reads: “No political appointee at any level shall be a voting delegate or be voted for at the convention or congress of any political party for the purpose of the nomination of candidates for any election.
In the judgment in a suit marked FHC/UM/CS/26/2022, the court presided over by Justice Evelyn Anyadike, declared that the said section of the amended Electoral Act was inconsistent with Sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 Constitution and was consequently unconstitutional, invalid, illegal, null, void and of no effect.
The suit had been filed by one Nduka Edede of the Action Alliance (AA), who sought the nullification of the said section of the Act.
Buhari had while signing the amended Electoral Act on February 25, this year, said he would approach the National Assembly to amend the provision in 84 (12) on the ground that it violated the constitution.
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