Abubakar Malami (SAN), the Minister of Justice and Attorney-General of the Federation, has intimated that President Muhammadu Buhari may refuse to sign the Electoral Act (Amendment) Bill if it contains suggestions based on personal interests.
According to the minister, the bill was only sent to him on Monday for legal opinion after the National Assembly forwarded it to the Presidency for the second time on Monday last week.
Malami stated this while speaking on Channels Television’s Politics Today, a current affairs show that our journalists saw on Monday.
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After consulting the Malami and the Independent National Electoral Commission, among others, Buhari delayed his approval to the original version of the law last year.
When asked if he was satisfied with the National Assembly’s amendments to the bill after Buhari sent it back to the legislature, Malami said, “Honestly, it is premature for me to conclude, taking into consideration that the electoral bill was only received in my office this afternoon as I was preparing to come over for this engagement with Channels TV.”
“As a result, I have taken no efforts to assess the substance and context of what has been provided to the President for consideration.”
As a result, it is premature and preemptive for me to reach any conclusions at this time, given that I have not read the document to comprehend what it includes and then analyzed it in line with the constitution and applicable laws.”
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“I am fighting for the progress of democracy and the democratic system,” the minister replied when asked whether he liked democracy and wanted it to advance as someone who had been active in political party activities.
“Honestly, without going through or reading through, I am not in a position to assess whether the bill, indeed, has factored in the national and public interest, as opposed to selfish interest, among others; whether it is a bill that can stand the test of time,” the minister said in response to a question about whether he was willing to assist Buhari in passing what the President said he wanted to leave behind as a legacy of good elections for Nigeria; and if the bill might get passed by Buhari.
“Certainly, if I am not satisfied and if I am of the opinion that it is against the public interest, the national interest, and then against the dictates of democratic process, I would advise accordingly,” Malami said when asked if he would advise the President to reject the amended bill if he was not satisfied with the new version.
“But then, one thing I can tell you is that we are all interested in leaving a legacy of a lasting democracy; a democracy that accommodates the collective interests of the Nigerian state, and ultimately advances the national interest, national development, and deepens the democratic process,” he continued.
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“So, with these thoughts of strengthening democracy; with these considerations of national and public interest, we will undoubtedly do whatever it takes to bring democracy to the next level.”
When asked to emphasize his commitment to Nigerians in terms of advancing democracy, the minister noted that his job is a constitutional one that is primarily regulated by public interest. “And when I say public interest, I’m referring about the interests of 200 million Nigerians. At all times, I shall be directed by my oath of office, which is related with the public good and is independent of sentiments or feelings,” he continued.
For the second time, both the Senate and the House of Representatives modified the electoral statute, agreeing on consensus candidacy and imposing new criteria on political parties when nominating candidates for elections.
Last year, the President rejected the electoral bill and sent it back to the National Assembly because it restricted political parties to direct primaries, insisting on either direct or indirect primaries.
The indirect primary option was added to Clause Section 87 of the Electoral Act 2010, which is Clause 84 of the Electoral Act (Amendment) Bill, by the House.
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The Senate, on the other hand, included not just an indirect primary, but also the adoption of candidates for elections by a political party by consensus.
The Senate and the House were anticipated to submit the bill to a conference committee to reconcile the differences and report back for final passage and transmission to the President for assent if they passed different modifications.
Last week, however, both the Senate and the House of Representatives chose a quicker road by reversing their previous judgments on the modifications and re-amending the electoral bill.
The House agreed with the Senate on the agreement this time, and both houses passed the identical terms for the choice.
In an interview with Channels TV on January 5, 2022, the President stated that he would approve the law if the required direct primary section was repealed.
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“All I suggested was that there should be alternatives,” he explained. We must not insist on direct (primary) communication; there must also be consensus and indirect (principal options) communication, and if they do so, I will sign. I’m going to sign. All I ask is that there be a variety of possibilities. Allow them (political parties) to pursue alternative strategies.”
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