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Electoral Act (2022) Amendment Request: FG to consider available options including legal action

FG says it is yet to take any position on the Senate’s refusal to consider the request by President Muhammadu Buhari to delete section 84 (12) of the Electoral Act, 2022.

The government said it will exploit all options available concerning the contentious section of the Act.

Attorney General of the Federation and Minister of Justice, Abubakar Malami, said this while fielding questions at the end of the Federal Executive Council (FEC) meeting chaired by Vice President Yemi Osinbajo at the Presidential Villa, Abuja on Wednesday.

He said the government has three options available to it following the National Assembly’s turning down of the president’s request including asking again for reconsideration, approaching the court, or accepting the law as it is.

Malami further explained that even though it is the responsibility of the lawmakers to legislate, if it becomes necessary, the government will exploit other options available to it.

It would be recalled that while signing the Electoral Bill into law last month, President Buhari had asked the National Assembly to delete section 84 (12), which restricts sitting cabinet members from contesting for elective offices without resigning.

The president argued that “Section 84 (12) constitutes a disenfranchisement of serving political office holders from voting or being voted for at Conventions or Congresses of any political party, for the purpose of the nomination of candidates for any election in cases where it holds earlier than 30 days to the National Election”.

However, the Senate refused to consider the president’s request and threw out the bill seeking the amendment of the section with lawmakers stressing that an amendment of Section 84 (12) would be going against the civil service norms and would be injurious to the well-being of the society.