Malami Moves To Delete Section 84(12) From Electoral Act

The Federal Government has said the provision of Section 84(12) of the Electoral Act 2022 barring political appointees including ministers from voting or being voted for during the nomination of candidates by political parties.

GreenWhiteGreen GWG reports that President Muhammadu Buhari, had given his assent to the amendment bill but with a call on the National Assembly to expunge that section.

However, the Senate rejected the request.

A Federal High Court sitting in Umuahia, Abia State, on Friday, however, nullified the Section, saying it was a violation of the Constitution.

In his reaction to the court ruling, the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), said the section will be deleted.

Speaking through his spokesman, Dr. Umar Jibrilu Gwandu, Malami said that with the judgement, the provision will be deleted accordingly.

He said: “The Office of the Attorney General of the Federation and Minister of Justice will accordingly give effect to the court judgement in line with the dictates of the law and the spirit of the judgement.

“The judgement of the court will be recognized by the Government printers in printing the Electoral Act.

“The Act will be gazetted factoring the effect of the judgement into consideration and deleting the constitutionally offensive provision accordingly.

“The provision of Section 84(12) of the Electoral Act 2022 is not part of our law and will be so treated accordingly.

“This is in line with the dictates of chapter 7, Part 4, Section 287 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) on enforcement of decisions that makes it a point of duty and obligation on all authorities and persons to have the judgment of the federal High Court, among others, to be enforced.”

However, GreenWhiteGreen GWG reports that the power to make laws or amend the laws of the country are expressly put in the National Assembly.

Section 4 (1) of the constitution says:

The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation, which shall consist of a Senate and a House of Representatives.

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