Electoral Act: Malami Using Office to Endanger Nigeria’s Democracy, Say CSOs

Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami

Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami

Emameh Gabriel in Abuja

Nigeria’s civil society organisations under the aegis of Civil Society Partners on Electoral Reform have accused the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, of abusing the powers and advantages of his office to misadvise President Muhammadu Buhari against signing the Electoral Act.

The partners, in a statement issued on Wednesday by the Executive Director, Adopt A Goal for Development Initiative, Ariyo-Dare Atoye, and endorsed by Centre for Liberty, Raising New Voices and Youth and Students Advocates for Development Initiative (YSAD), described the position of the AGF as a demonstration of high-level insensitivity to public interest, noting that such act only represents a clear affront to Section 174 (3) of the 1999 Constitution.

The partners expressed disappointment that after the transmission of the Electoral Bill to the president for a record six times, the president has declined the signing of the Bill for five times.

According to them, Section 174 (3) reads: “In exercising his powers under this section, the Attorney-General of the Federation shall have regard to the public interest, the interest of justice and the need to prevent abuse of legal process.

“On the advice of the AGF, the president has declined the signing of the Electoral Bill for a record five times in the last six years, making it difficult for the country to improve on the legal framework of its electoral process.

“This is the sixth time the bill has been re-transmitted to the president for his assent, yet there are indications that the AGF is about to ask him not to sign it.

“This unconscionable action of the AGF represents a clear and present danger to our democracy and it is worrisome that Mr Malami is ill-advising the president to act against public interest at a time that undemocratic elements are threatening civil rule in Africa.

“We wish to urge President Buhari to beware of his AGF, whose only motivation is to side with dissidents who are poised to make credible elections impossible, and also the allure of using government resources to further his political interest.

“There is nothing controversial in what the National Assembly has done: giving a democratic interpretation to consensus and also trying to protect the operation of government by asking political appointees interested in contesting to resign a few months to the elections.

“One year to elections, the country usually suffer serious reduction and double jeopardy in the productivity of elective and appointive persons seeking to contest, and therefore, it is in public interest to reduce the severity of this decline and distractions, by legally asking the appointees to resign a few months to the polls.

“This new provision in the electoral act will reduce the use of government resources to the advantage of these appointees who are seeking elective office and thereby help other aspirants to compete favourably.”

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