Malami said the process was still on when he spoke with State House correspondents following the weekly Federal Executive Council (FEC) meeting on Wednesday.
The Minister noted that required efforts must be made to guarantee that the court order is followed, and that, at the end of the day, everything must be done in line with the law.
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 nomination of candidates for any election.”
After signing the act, President Muhammadu Buhari had written the lawmakers to remove the section arguing that it violates the Constitution and breached the rights of government appointees but the National Assembly members declined the President’s request.
However, a Federal High Court sitting in Umahia, Abia State which was presided over by Justice Evelyn Anyadike on Friday 18th March 2022 directed the Minister of Justice and Attorney-General of the Federation, Abubakar Malami to delete Section 84 (12) of the amended Electoral Act.
Justice Anyadike while calling on the minister to delete the section of the Electoral Amendment Act, noted that it is unconstitutional.
Malami said when asked by newsmen for an update on the ruling; “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.”
He added that “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 are 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.”
Buhari expressed an objection to the clause when he signed the revised Electoral Act on February 25, 2022, claiming that it is in direct violation of the 1999 Constitution (amended).
Meanwhile, the House of Representatives and the Senate have filed appeals against the court’s decision, and the Minister of Justice has been asked to postpone action on removing the clause from the electoral act.























