The federal government says that the November 6, 2021 governorship election in Anambra State will hold and that necessary security in terms of democratic order must prevail for the purpose of the election.
The Attorney-General and Minister of Justice, Abubakar Malami while answering questions from Journalists on Wednesday threatened to declare a state of emergency in Anambra if the prevailing security situation in the state continues.
He said: “No possibility is out ruled by government in terms of ensuring the sanctity of our democratic order; in terms of ensuring that elections in Anambra holds; and you cannot rule out all possibilities, inclusive of the possibility of declaration of a state of emergency where it is established in essence that there is failure on the part of the state government to ensure the sanctity of security of lives, properties and democratic order.
“We are resolved to have the elections; the elections are going to hold and no possibilities are ruled out in terms of ensuring the provision of security for the purpose of the conduct of the election as far as Anambra is concerned.
“When our national security is attacked and the sanctity of our nationally guaranteed democracy is threatened, no possibility is ruled out.
“As a government, we have the responsibility to ensure the sustenance of our democratic order; as a government, we have the responsibility to provide security to lives and properties.
“So, within the context of these constitutional obligations of the government and the desire to establish democratic norms and order, no possibility is out ruled.
“The government will certainly do the needful in terms of ensuring that our elections are held in Anambra; in terms of ensuring necessary security is provided, and in terms of ensuring protection is accorded to lives and properties.”
Farmers/Herders Clashes
The Justice Minister said that his office has not taken any position on the herders/farmers clashes “Outside the scope of constitutional provisions.”
According to him, the position of the Office of the Attorney-General is about freedom and liberty of movement among herders, “And what the Office of the Attorney-General has simply succeeded in doing is making reference to constitutional provision and established a position that each and every Nigerian is entitled freedom of movement simpliciter.
“So, the issue is whether that freedom of movement is constitutionally guaranteed or is not and my answer to it is that the freedom of movement is indeed constitutionally guaranteed.”
Repatriation of $200 Million
On plans to recover the $200 million stolen fund from the US, which he spoke about on the sidelines of the UN General Assembly in September, Malami said that parties were engaging over the issue.
“There are multiple parties associated with it in view of the fact that the assets being pursued had indeed passed through multiple jurisdictions, UK and US among others.
“So, we have indeed opened up discussions and as it is now, mutual agreement is being discussed and negotiated upon.
“But one thing I can tell you clearly is that we are making progress and at the end of the day we shall, by God’s grace, have this money returned back home in line with our established tradition of successes recorded as a government in making such recoveries.
“If you could very well remember at a time in 2017, we succeeded in recovering $322million. In 2020, we succeeded in recovering an additional $311 million.”
Value Added Tax
Malami said that issues being canvassed for determination by the federal government at the Court of Appeal over the judgement obtained by some state governments on the Value Added Tax included jurisdiction of the trial court and the laws passed by state assemblies.
“The Court of Appeal has granted an order of stay of execution, directing these state governments to maintain status quo pending the determination of the main appeal.
“These matters are being considered for determination and some other governors have filed application seeking for joinder seeking to be joined in the matter as interested parties.
“But again there is pending equally an application, preliminary objection for that matter challenging the competence of the action and indeed the judgement obtained that was obtained.
“But the federal government is still looking at other possibilities, all options open in terms of challenging the action of the state government.
“But one thing that is fundamental that you need to know as being the issue equally being considered for determination by the court is that the federal government is challenging the powers of the state governments to legislate on the issues associated with collection of VAT.
“The position of the federal government as canvassed which is being looked into by the judicial system is to the effect that by our laws, powers to legislate on the collection of VAT is statutorily vested in the National Assembly.
“And with that in mind, it is not within the purview, scope and powers of the state governments to legislate on the issue of collection.
“So, what I am saying, in essence, is to give an insight as to the multiple contentions between the parties as being canvassed, presented for the determination of the court and we are indeed litigating, contending these issues.”
Malami said that the federal government was looking at all options at its disposal inclusive of the possibility of invoking the original jurisdiction of the Supreme Court, taking into consideration that the dispute a between the federal government and the state government in respect of which only the Supreme Court has the jurisdiction to entertain.
PIAK
