Electoral Act: PDP Rejects Judgment, May Report Malami, Judge To NJC, NBA

The Peoples Democratic Party rejected the Federal High Court judgment deleting Section 84(10) of the Electoral Act.

The PDP also said it was exploring the option of reporting the Attorney-General of the Federation, Abubakar Malami; and Justice Evelyn Anyadike of the Federal High Court in Umuahia, to the Nigerian Bar Association and the National Judicial Council respectively.

Section 84(10) of the Act makes it compulsory for all political appointees planning to run for office to resign at least 30 days before any primaries they plan to take part in. The section also states that political appointees would not be allowed to vote in any primaries.

Malami, who is believed to be eyeing the Kebbi State governorship seat, had rejected the provision, insisting that he would not resign. A member of Action Alliance, Nduka Edede, subsequently filed a suit before the court challenging the section. Malami, who was the only defendant in the suit, agreed with the plaintiff thus securing a favourable judgment.

The AGF subsequently issued a statement commending the court for the judgment. He also promised to swiftly gazette the judgement.

In his reaction, the National Publicity Secretary of the PDP, Mr Debo Ologunagba, told our correspondent in an interview on Saturday that Malami had abused his office by placing his personal interest ahead of that of the public.

Ologunagba also wondered how the case, which was instituted barely a week ago, was swiftly heard and judgment was delivered. He said the intention of the plaintiff was suspicious as he neither joined the National Assembly nor the Independent National Electoral Commission.

The PDP spokesman stated, “The basis for this order is curious. We see it as an ambush instigated by the office of the AGF and it shows the irresponsibility of the holder of that office. Number one, the job of the AGF is to defend the constitution which he swore to do.”

He added, “Who is the plaintiff in this matter? What is his personal interest? Why were the necessary parties like the National Assembly, which made the law, and INEC, which ought to implement this provision, not joined in this suit? That is why we cannot look beyond the AGF who is planning to participate in the elections.”

The PDP spokesman wondered why Malami, who is not always keen on obeying court judgements, was seeking to implement this particular order immediately.

Ologunagba added that the PDP was looking into the matter with a view to taking action against Malami and the judge that delivered the judgment.

On whether petitions would be written to the NJC or the NBA, he said, “All options are on the table. Nothing will be left out. We will study it and take necessary decisions to protect our democracy and ensure that this recklessness by people in office does not stand. That is what we are going to do. All the options will be taken and if there are necessary actions, we will take them.”