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Removal of contentious section of Electoral Act in progress – Malami



The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, said on Wednesday his office has initiated the process for deleting the contentious Section 84 (12) of the Electoral Act.

Justice Evelyn Anyadike of the Federal High Court, Umuahia, had on March 18 ordered the AGF to delete the section which required political appointees to resign from their positions at least three months before their parties’ primaries and conventions.

The judge, who gave the directive while ruling on an application on the matter, said: “Any other law that mandates such appointees to resign or leave office at any time before that, is “unconstitutional, invalid, illegal, null and void.”

However, Malami, who addressed journalists in Abuja, said the process for implementing the court’s ruling was still ongoing.

He said: “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.

READ ALSO: Nigerian govt to effect court’s order on section of Electoral Act – Malami

“Whether it has been deleted or has not been deleted, is indeed a function of agencies of government 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 for the purpose of ensuring 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.”

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