A Professor of Law with the Ahmadu Bello University (ABU) Zaria, Bala Suleiman has said that the All Progressives Congress (APC) should disqualify the Attorney General of the Federation and Minister of Justice, Mr Abubakar Malami; the Minister of Transportation, Rotimi Amaechi and the minister of Labour and Employment, Senator Chris Ngige and other appointed political office holders for their refusal to resign after indicating their interests to contest elections in 2023.
The Professor in a statement, expressed regrets over Malami’s disregard for the law which he is supposed to protect.
He urged the screening committees and National leadership of all political parties to stand on the path of the law by not fielding any political appointee who refused to abide by the law, stressing that any party that ignores Section 84(12) of the Electoral Act is doing so at its detriment because they will lose fortunes in the end.
AGF Malami has come under severe attacks over his refusal to accept Section 84(12) of the amendment of the Electoral Act (2022) passed by the National Assembly and assented to by President Muhammadu Buhari.
He is also being accused of encouraging other political appointees such as the Minister of Transportation, Rotimi Amaechi, Minister of Labour and Employment, Senator Chris Ngige among others to disobey the amended Electoral Act.
Prof Suleiman said the expected responsibility of Malami as the Attorney General of the Federation should be to see that the administration of public affairs is in accordance with the law.
He noted with regrets that Malami has become not only a supporter of breakers of the law but a breaker himself, stressing that it was envisaged that the provisions of 2022 Electoral Act will be judiciously implemented to enable Nigerians enjoy the exercise of their political franchise before and after the 2023 general elections.
“I understand that Malami intends to run for Governor of Kebbi state but the right thing he should have done is to respect the law by tendering his resignation. Rather he encouraged other appointees not to resign citing judgment of a lower court on the matter. If he could rely on the judgment of a High Court, he should as well obey the judgment of the Court of Appeal.”
While castigating Malami for adopting the judgment of Justice Evelyn Anyadike of the Federal High Court, Umuahia and ignoring that of a higher court, Suleiman said that with Malami’s position, he ought to have known better that such a judgment will not stand legal scrutiny anywhere.
“The judgment confused the persons who are political appointees as used in Section 84 (12) of the New Electoral Act and persons who are employed in the public service of the federation or of any state as used in Section 66 (1) f, 107 (1)9, and 182 (1)g.
“If the judge had painstakingly studied the plethora of cases that had been decided which clearly distinguished between public officers or persons employed in the public service of the federation or any state from political appointees who does not enjoy some permanency in their jobs or appointment, she would have arrived at a different verdict,” Suleiman said
Section 84 (12) of the Electoral Act bars serving political office holders, including commissioners, ministers and special advisers, from participating as delegate at the primaries of their respective parties or as candidates for any election.
It also prescribes a reprimand in Section 84(13) as a consequence for the disobedience of the Act stating that; “Where a political party fails to comply with the provision of this Act in the conduct of its primaries, its candidate for election shall not be included in the election for the particular position in issue.”
Following the judgment delivered by Justice Evelyn Anyadike of the Federal High Court, Umuahia, the Court of Appeal Owerri Division has ordered the Attorney-General of the Federation and others to suspend the execution of the judgment of the lower Court which struck out Section 84(12) of the Electoral Act as amended.
