The Minister of Justice and Attorney-General of the
Federation, Abubakar Malami (SAN), has hinted that the President, Muhammadu
Buhari, may withhold assent from the Electoral Act (Amendment) Bill if it is
considered to have proposals based on personal interests.
According to the minister, the bill, which the National
Assembly transmitted to the Presidency the second time on Monday last week,
just got to him on Monday for legal advice.
Malami made this known while appearing on Politics Today, a
current affairs programme on Channels Television which our correspondents
monitored on Monday.
Buhari had withheld assent to the first version of the bill last year after consulting the Malami and the Independent National Electoral Commission, among others, on the bill.
When asked if he was satisfied with the amendments made to
the bill by the National Assembly after Buhari sent it back to the parliament,
Malami said, “In terms of satisfaction, honestly, it is premature for me to
conclude, taking into consideration (that) I can admit to you 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.
I am working for advancement of democracy, Malami insists
“So, I have not taken steps to review the content and
context of what has been presented for consideration for the President. So, it
is premature and pre-emptive for me at this moment, now to arrive at any
conclusion, taking into consideration that I have not gone through the document
to understand what it contains and then analyse the same in accordance with the
constitution and the prevailing laws.”
When asked if he loved democracy and wanted the advancement
of the same, being someone who had been involved in political party activities,
the minister interjected, “I am working for the advancement of democracy and
the democratic system.”
Responding to a question on if he was willing to assist
Buhari to pass 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, the
minister said, “Honestly, without going through or reading through, I am not in
a position to assess whether the bill, indeed, has factored the national and
public interest, as against selfish interest, among others; whether it is a
bill that can stand the test of constitutionality and legality.”
I will advise Buhari not to sign bill if it is against
dictates of democracy – AGF
When asked if he would advise the President to reject the
amended bill if he was not satisfied with the new version, Malami said,
“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.”
He added, “But then, one thing I can tell you is that we are
all interested in leaving behind a legacy of a lasting democracy; a democracy
that indeed accommodates the collective interest of the Nigerian state, and
eventually advances the national interest, national development and deepens the
democratic process.
“So, with these considerations associated with deepening
democracy; with the considerations associated with the national and public
interest, we will certainly do whatever it takes to move democracy to the next
level.”
When asked to express to Nigerians, his commitment to
deepening democracy in Nigeria, the minister stated that his office is a
constitutional one, which is fundamentally governed by public interest. “And
when we are talking of the public interest, I am talking of the interest of 200
million Nigerians. I will be guided at all times by my oath of office
associated with public interest, exclusive of the sentiments or the feelings,”
he added.
Both the Senate and the House of Representatives had
reworked the electoral bill for the second time by concurring on consensus
candidacy and setting fresh conditions for political parties in the nomination
of candidates for elections.
The President had last year vetoed the electoral bill and
sent it back to the National Assembly over the restriction of political parties
to direct primary, insisting on the direct or indirect.
The House had amended Clause Section 87 of the Electoral Act
2010, which is Clause 84 of the Electoral Act (Amendment) Bill, by inserting
the indirect primary option.
The Senate, however, not only added indirect primary but
also consensus adoption of candidates for elections by a political party.
By passing different amendments to the bill, the Senate and
the House were expected to refer the versions to a conference committee to
harmonise the differences and report back for final passage and transmission to
the President for assent.
However, both the Senate and the House of Representatives,
last week, took a shorter route by rescinding their decisions on the amendments
last week and re-amending the electoral bill.
This time, the House concurred with the Senate on the
consensus, while both chambers passed the same conditions set for the option.
The President had said in his interview with Channels
TV on January 5, 2022 that he would sign the bill once the mandatory direct
primary clause was removed.
He said, “All I said was that there should be options. We must
not insist that it should be direct (primary); there should also be consensus
and indirect (primary options) and if they do that, I will sign. I will sign.
All I would like is that there should be options. Allow them (political
parties) to have other options.”
AGF speaks on TI Hushpuppi, CP Abba Kyari’s
trials in US, Magu, Babachir
Meanwhile, the AGF also dismissed the recent Corruption
Perception Index released by the global anti-corruption campaign organisation,
Transparency International, which rated Nigeria as the second most corrupt
country in West Africa, after Guinea and 154th out of 180 countries ranked
globally.
According to Malami, the regime led by the President, Muhammadu
Buhari, has been rated highly by global bodies over its anti-corruption drive.
The minister also refused to speak more on the trial of a
former Secretary to the Government of the Federation, Babachir Lawan, over
alleged corruption, stating that it is a judicial affair.
The AGF also avoided giving full details on the indictment
and the possibility of prosecuting a former Acting Chairman of the Economic and
Financial Crimes Commission, Ibrahim Magu.
Malami also described the trial of a Dubai-based Instagram
sensation, Ramon Abbas, popularly known as Hushpuppi, in the United States of
America over alleged Internet fraud as an international affair.
The AGF also said the American Government and the Nigerian
Government are discussing the possible extradition of the suspended Head of the
Intelligence Response Team of the Nigeria Police Force, DCP Abba Kyari, for his
alleged role in a $1m scam allegedly perpetrated by Hushpuppi and five others.
The minister also said reasonable grounds for suspicion have
been established against Kyari.
Malami spoke on Monday while featuring on Channels Television’s
‘Politics Today’ programme.
The Nigeria Police Force had probed Kyari and transmitted
its findings to Malami for “legal opinion.”
Malami said, “It is an issue that has international and
national dimensions. Actions have been taken, it is a work in process locally
and internationally and we are doing whatever it takes to ensure justice is
done within the context of the law regardless of the personalities that are
involved.
“When criminality is involved, Nigeria and the US naturally
work together when there are elements of the offences that have taken place in
the diverse jurisdictions. So, Nigeria is doing the needful by way of
supporting what America is doing for the purpose of ensuring that the cases are
tried accordingly within the American context of it. And then, eventually, if
there is a need for local prosecution, nothing stops it.”
Commenting on the probe of Kyari, the AGF said, “There are a
lot of issues that are ongoing inclusive of the possibility of consideration
for extradition. That is where the collaboration element of it comes into
play.”
Asked if a request for Kyari’s extradition had been made by
the US Federal Bureau of Investigation, the minister said, “There could be a
need or perhaps the possibility of making such a request.”
He added, “As far as I am concerned, the parties are
discussing, the parties are collaborating, there are exchanges of
correspondence from the perspective of investigation, from the perspective of
extradition, and associated things.
“Reasonable grounds for suspicion have been established and
that will eventually translate to the possibility of prosecution and conviction
if indeed one is adjudged guilty by the law.”
FBI Special Agent, Andrew Innocenti, had alleged that
Hushpuppi contracted the services of Kyari after a “co-conspirator,” Chibuzo
Vincent, allegedly threatened to expose the alleged $1.1m fraud committed
against a Qatari businessman.
Innocenti, who said he obtained voice calls and WhatsApp
conversations between Kyari and Hushpuppi, had also alleged that the latter
paid the police officer N8m or $20,600 for the arrest and detention of Vincent.
The United States Attorney’s Office at the Central District
of California had ordered the FBI to arrest Kyari almost a year ago.
Kyari had taken to Facebook on July 29, 2021, to deny the
allegations, but he later deleted the post after editing it about 12 times.
The Inspector-General of Police, Usman Baba, had recommended
the suspension of Kyari, which the Police Service Commission carried out on
July 31, 2021.
The police boss had on August 2, 2021, constituted the
Special Investigation Panel headed by the Deputy Inspector-General of Police in
charge of the Force Criminal Investigations Department, Joseph Egbunike, to
probe the allegations.
The findings of the probe panel had been transmitted to the
AGF office which is responsible for matters regarding extradition, repatriation
and transfer of suspects or wanted persons.
The court scheduled the sentencing of Hushpuppi for July 11,
2022.
Hushpuppi, who pleaded guilty to various offences bordering
on internet scam and money laundering, among others, risks “20 years’
imprisonment; a 3-year period of supervised release; a fine of $500,000 or
twice the gross gain or gross loss resulting from the offence.”
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