No going back on deletion of Section 84(12) of Electoral Act – Malami  

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, in a media interaction at the State House, Abuja, after the Federal Executive Council meeting on Wednesday, indicated that there’s no going on the deletion of section 84 Subsection 12 of the Electoral Act 2022, saying, it is “still a work in progress and is being considered as such.”

Malami maintained that while the possibility of appeal is not in doubt, government creators and the Law Reform Commission responsible for the codification and gazetting of the laws are collaborating with the Office of the Attorney General to ensure that any addition made to the law is in line with the provisions of the law.

Meanwhile, the Senate and House of Representatives of the National Assembly have resolved to challenge the judgement of the Federal High Court, Umuahia, Abia State, which nullified Section 84 (12) of the amended Electoral Act illegal, ordering the Attorney General of the Federation and Minister of Justice to delete the section from the amended Act.

Justice Evelyn Anyadike had declared Section 84 (12) of the amended Electoral Act unconstitutional, invalid, illegal, null, void, and of no effect whatsoever and ought to be struck down. She maintained that political appointees could only resign 30 days to an election, insisting that the section is in violation of the clear provisions of the Constitution.

President Muhammadu Buhari had on assenting to the electoral act expressed reservations over the controversial section, and subsequently wrote the National Assembly requesting the deletion of the section from the amended act.

The federal legislature reviewed the electoral act as requested by the president but declined to delete section 84(12). The minister, thereafter, approached the court.