Nigeria’s Attorney-General and Minister of Justice, Abubakar Malami says there is no pending pre-election matter in the courts as Nigerians go to the polls to elect new leaders beginning on Saturday.
Malami stated this on Thursday at the Presidential Villa, Abuja, during the 67th Edition of the Weekly Media Briefing, organised by the Presidential Communications Team.
According to him, this development followed the enactment of the 2022 Electoral Act, which in Section 28, extended the time for notice of election from 90 days in the previous law to 360 days in the new law.
“We were confronted with the problem of time associated with the emergence of the candidates through primaries and associated things.
“So, responsibility is now placed on INEC (Independent National Electoral Commission) to give politicians sufficient time, sufficient notices for elections to prepare.
“The idea of enhancing the notices meant to be given by INEC for the conduct of the election was enhanced from 90 days to 360 days.
“Arising therefrom, today, I can tell you with precision that no pending pre-election matter is there in our judicial system waiting for determination, taking into consideration that sufficient time has been provided for such notices and for the conduct of primaries.”
The Attorney-General of the Federation explained that Section 29 of the Electoral Act 2022 also provides additional days within which political parties could submit names of candidates to the INEC from 60 days to 180 days.
“That gives you an idea that the administration of President Muhammadu Buhari, as far as election processes and the conduct of elections are concerned, is an administration that is sensitive to happenings, that is sensitive to what is unfolding associated with the conduct of election and electioneering processes, inclusive of judicial conduct and determination of cases for the purpose of doing the needful through the legislative process.”
He said that the challenges of delay and inconsistencies in court decisions necessitated the changes brought into the system through the Electoral Act 2022.
“At a point, we were confronted with incessant delay in the administration and determination of election petition matters.
“Here are people contending over who indeed is the rightful candidate of a political party arising from the conduct of primary of the party and the matter is taken to court.
“As I am talking to you, there are pending cases at the Supreme Court that were indeed pre-election matters associated with the 2011 election; 2011 pre-election matters are still pending at the Supreme Court.”
Expanded scope
Malami said that the scope of electoral offences was expanded in the Electoral Act 2022 to include bribery, which is contained in Section 121 and undue influence in Section 127.
Electoral offences in the 2022 Act, according to Malami, also include threatening in Sections 23 and Duress, Section 128.
Malami said the 2022 Electoral Act introduced major challenges that have transformed the electoral process in Nigeria, in terms of technology and quality, efficiency, credibility and in bringing the country’s democracy in line with international best practices.
Not in breach
Malami said the Nigerian government was not in breach of any order of the court regarding the naira redesign policy.
He said, “let me state before even addressing the issue of the options available at our disposal as a government, the fact clearly that we are not in breach of any order made by the court inclusive of any order associated with the naira redesign. We are not in breach.
“But then, assuming we are in breach, the fact remains that this matter is subjudice. As you rightfully know, it is being contested before the Supreme Court and when an order is made you have multiple options within the context of the rule of law.
“You are entitled as a matter of right if the facts and evidence support your position to apply for setting it aside.
“The position of the law, legal jurisprudence is clear. Once you are attacking and then seeking a setting aside of an existing order of court you cannot be said to be operating in breach when you presented your application for setting aside.
“If the court is not an apex court you equally have a right of appeal and support for the right of appeal which is an application for a stay of execution order.
“So, the bottom line of what I’m trying to state is that the matter is subjudice and within the context of the rule of law, we are doing the needful as a government in terms of ensuring that the right of the government in terms of the naira redesign is being protected. So, we are not in breach.”
Malami said the government is doing well in the fight against corruption not only within the judiciary but also in supporting the institutions associated with the anti-graft policy of the government.
Dominica Nwabufo
