A former President of Nigerian Bar Association (NBA), Dr Olisa
Agbakoba, has criticised the Minister of Justice and Attorney
General of the Federation (AGF), Abubakar Malami, for his letter on
elections in Zamfara State.
In a letter addressed to the minister and dated 14 February
2019, Agbakoba faulted the AGF for asking the Independent National
Electoral Commission (INEC) to postpone other elections apart from
the presidential poll in the state.
According to him, the action of the minister raises concerns
about the promise by President Muhammadu Buhari to ensure that the
coming elections are free and fair.
“It is my hope that this letter will be immediately withdrawn,”
said Dr Agbakoba who is also a Senior Advocate of Nigeria
(SAN).
He added, “President Muhammadu Buhari has at various fora
undertaken that the Federal Government will not interfere with
INEC. Your letter puts that commitment to question.”
In a letter which emerged earlier on Thursday, Mr Malami had
asked to recognise the All Progressives Congress (APC) in Zamafara
State for the elections.
He explained that his letter was informed by a petition he
received from a law firm, following the ruling of a Court of Appeal
in Sokoto State dismissing the appeal challenging the qualification
of Zamfara APC candidates for the polls.
The minister has also asked the electoral umpire to postpone the
governorship, National Assembly and House of Assembly polls in
Zamfara to allow the ruling party to prepare for the polls.
Dr Agbakoba, however, stated that INEC was an independent
institution which cannot take directives from the Federal
Government.
He insisted that it was the APC that ought to have made such a
request and not the minister, stressing that he is “not the
Attorney General of INEC”.
Read the full letter by the former NBA president
below;
14th February, 2019
Abubakar Malami, SAN
Attorney General of the Federation
Federal Ministry of Justice,
Federal Secretariat, Abuja.
Dear Attorney General,
RE: REQUEST FOR POSTPONEMENT OF ZAMFARA STATE
ELECTIONS
I am shocked by your letter to the Independent National
Electoral Commission (INEC) on the above subject. You are the
Attorney General of the Federation and not the Attorney General of
INEC. INEC is an independent institution and cannot take directives
from the Federal Government. If there is need for the postponement
of the Zamfara state elections as indicated in your letter, the
proper person to request the postponement is the All Progressive
Congress (APC). In any case, Sections 38 and 39 of the Electoral
Act 2010 which your request is based on have nothing to do with
postponement of elections.
President Mohammadu Buhari has at various fora undertaken
that the Federal Government will not interfere with INEC. Your
letter puts that commitment to question.
It is my hope that this letter will be immediately
withdrawn.
Sincerely,
Dr Olisa Agbakoba SAN
Read more agbakoba-slams-agf-for-calling-for-postponement-of-elections-in-zamfara/
