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Malami Gives Reason For Rejecting Buhari’s Request To Amend The Electoral Act

President Muhammadu Buhari’s request to amend the newly enacted Electoral Act, 2022 was denied, by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami (SAN).

Recall that when the President signed the amended Electoral Act on February 25, he requested that Section 84(12) be removed since it disenfranchises political appointees.

He said that the section prohibiting political appointees from participating at party conventions and congresses for the election of party executives and electoral candidates should be repealed and the bill brought back to the Senate for another vote.

However, the National Assembly turned down President Buhari’s request, claiming that removing the section was not in the best interests of democracy.

In a chat with State House correspondents after the Federal Executive Council (FEC) meeting on Wednesday, Malami said the executive has three available options to exploit on the matter.

The AGF said the federal government would ask the National Assembly to reconsider amend the act, approach the court or accept the law as it was.

Malami said the government had not taken any position on the matter, adding that consultations are ongoing regarding the issue.

He, however, said the government is reviewing the matter and will come up with a position at the appropriate time if the need for further action is required.

He said: “The government has a lot of options to consider and exploit. One of the options is to demand the National Assembly to reconsider the section of the law. The other option is to look at it within the context and spirit of the law and see what it can do. And all these portions are on the table.

“No position has been conclusively taken on the part of the government. The government is reviewing; the government is looking and the government will come up with a position at the appropriate time if the need for further action is required. If there is no further need for such an action, the government will take it as presented.

“But no position has been taken by the government as of today with particular regard to what needs to be done on the part of the executive arising from the provisions of the Electoral Act in respect to which issues of conflict with the constitution were raised.”

Ada Peter
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