Malami disclosed this to State House Correspondents on Wednesday after the weekly virtual Federal Executive Council (FEC) meeting presided over by President Muhammadu Buhari at the Presidential Villa, Abuja.
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami has said efforts are ongoing to obey the instruction of the court to his office to delete Section 84 (12) of the Electoral Act.
Malami disclosed this to State House Correspondents on Wednesday after the weekly virtual Federal Executive Council (FEC) meeting presided over by President Muhammadu Buhari at the Presidential Villa, Abuja.
Last Wednesday, the AGF, Malami said following the Senate’s refusal, the Nigerian government would consider all other options available to it before a position will be taken.
Two days later, Friday, a court sitting in Umuahia, Abia State, ordered the Office of the Attorney-General of the Federation to immediately delete Section 84 (12) of the Amended New Electoral Act.
The court in a judgment delivered by Justice Evelyn Anyadike on Friday held that the section was unconstitutional, invalid, illegal, null, void and of no effect whatsoever and cannot stand as it violates the clear provisions of the Constitution.
Giving an update on the implementation of the ruling, Malami said the process was still on.
“My clear response arising therefrom is the fact that truly there exists 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 parastatal 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 to ensure 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 on 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,” he said.
While signing the Electoral Bill into law last month, President Buhari had asked the National Assembly to delete section 84 (12), which restricts sitting cabinet members from contesting for elective offices without resigning.
For instance, with the provisions of the act, political appointees such as Rotimi Amaechi, Minister of Transportation; Malami, Minister of Justice; Chris Ngige, Minister of Labour and Employment; Emeka Nwajiuba, Minister of State for Education; Godswill Akpabio, Minister of Niger Delta Affairs; Timipre Sylva, Minister of State for Petroleum Resources, among others who have been reportedly linked to presidential and governorship ambitions must resign from their various offices if they want to contest in 2023.
The section 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.”
Malami is said to be interested in becoming Kebbi governor; Nwajiuba is being projected by the Project Nigeria Group (PNG) for the presidency; Ngige says he is consulting on running for president; Akpabio has received the backing of the Godswill Akpabio Uncommon Transformational Support Organisation (GAUTSO); the Southern Mandate Group and Chibuike Amaechi Crusaders 2023 want the transportation minister to succeed Buhari.