LAGOS lawyer Mr. Femi Falana (SAN) has faulted the Attorney General for the Federation and Minister of Justice, Abubakar Malami, on his letter to the Independent National Electoral Commission (INEC).
In the said letter, Malami had advised INEC to postpone the general elections in Zamfara State, to accommodate a ruling of the Sokoto Division of the Court of Appeal, purportedly directing the electoral body to allow the Zamfara State chapter of the All Progressives Congress (APC) field candidates for the upcoming elections.
Falana said by virtue of Section 158 (1) of the 1999 Constitution, INEC “shall not be subject to the direction or control of any authority or person”.
The lawyer said: “Furthermore, the proviso to Section 160 of the amended Constitution states that the powers of INEC ‘to make its own rules or otherwise regulate its own procedures shall not be subject to the approval or control of the President’.
“Therefore, the AGF lacks the vires to advise or direct INEC to postpone the elections scheduled to hold in any state of the federation. Since the judgment of the Court of Appeal on the nomination of APC candidates in Zamfara State admits of no ambiguity, INEC is advised to do the needful and ignore the directive of the AGF on the conduct of the elections.”
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