AGF approaches court to quash law seeking ministers’ resignation

Attorney General of the Federation(AGF) Abubakar Malami and other political appointees in President Muhammadu Buhari’s administration have approached a Federal High Court in Abuja to file a suit to challenge the section of the new Electoral Law that stops appointees from being delegates to parties’ convention unless they resign their appointments.

This is following the refusal of the National Assembly and the Senate in particular to abide by the gentleman agreement with President Buhari to amend the clause considered offensive, the Attorney General of the Federation according to a reliable source approached Federal High Court in Abuja to seek judicial intervention.

The source told WESTERN POST that since the move to amend the Electoral Law suffered a crushing defeat at the Senate where it was brought up last week after the Second Reading, the affected appointees have no choice than to seek judicial protection.

“I can confirm to you that Malami and Co have approached the Federal High Court to declare the clause that says must resign before they can contest in the electoral act unconstitutional. They filed the papers this morning,” said the source.

President Buhari had while signing the new Electoral Act on February 25th requested the National Assembly to amend the Clause 84 (12) of the law which states that “No political appointee at any level shall be a voting delegate or be voted for at the Convention or Congress of any political party for the purpose of the nomination of candidates for any election.”

President while signing the bill into law had argued that the Clause constitutes breach of fundamental right of political appointees and a disenfranchisement of serving political office holders from voting or being voted for at their parties’ conventions.

President Buhari said, “The practical application of section 84(12) of the Electoral Bill, 2022 will, if assented to, by operation of law, subject serving political office holders to inhibitions and restrictions referred to under section 40 and 42 of the 1999 Constitution.

“It is imperative to note that the only constitutional expectation placed on serving political office holders that qualify, by extension as public officers within the context of the constitution is resignation, withdrawal or retirement at least 30 days before the date of the election.

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“It will be stretching things beyond the constitutional limit to import extraneous restriction into the constitution on account of the practical application of section 84(12) of the bill where political parties’ conventions and congresses were to hold earlier than 30 days to the election.

“…with particular regards to the benefits of the Bill, industry, time, resources and energy committed in its passage, I hereby assent to the Bill and request the Nationally Assembly to consider immediate amendments that will bring the Bill in tune with constitutionality by way of deleting section 84(12) accordingly,” he said.