Nigeria’s Minister of Justice and Attorney-General of the Federation, Abubakar Malami, has said the federal government is taking necessary steps towards deleting section 84 (12) of the Electoral Act, 2022.
Malami said this while addressing newsmen in Abuja on Wednesday.
He stated that the process of implementing the judgment is still ongoing.
“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,” he said.
“Whether it has been deleted or has not been deleted is indeed a function of government agencies 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 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, and a party to the process of codification.
“The government printers, which is saddled with the responsibility of gazetting our laws on the request of the office of the attorney general, is equally involved,” the Minister said.
Meanwhile, the house of representatives has asked Abubakar Malami, Attorney-General of the Federation (AGF), to desist from deleting section 84 (12) of the Electoral Act, 2022.
The Lawmakers passed the resolution during plenary on Wednesday after a motion moved by Sada Soli, a lawmaker from Katsina.
Soli argued that the recent court judgment is an infringement on the right of legislators to lawmaking.
Last Friday, a federal high court in Umuahia, Abia state, ordered the attorney-general of the federation to delete section 84 (12) of the amended electoral act.
Evelyn Anyadike, the judge, held that the section was unconstitutional, invalid, illegal, null, void and could not stand.
Anyadike ruled that sections 66(1)(f), 107(1)(f), 137(1)(f) and 182(1)(f) of the 1999 constitution already stipulated that appointees of government seeking to contest elections were only to resign at least 30 days to the date of the election.
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 to nominate candidates for any election.”