Falana Knocks Malami Over Court Judgements On Section 84(12)

Prominent Nigerian lawyer, Femi Falana (SAN) has berated the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, over court judgments on the validity of Section 84(12) of the Electoral Act.

Recall that after signing the act, President Muhammadu Buhari had written the lawmakers to remove the section arguing that it violates the Constitution and infringes on the rights of government appointees but the National Assembly members declined the President’s request.

A Federal High Court sitting in Abuja ordered the minister and the National Assembly against taking any further step regarding amending Section 84 (12).

Then, a Federal High Court sitting in Umahia, Abia State which was presided over by Justice Evelyn Anyadike on Friday 18th March 2022 directed the minister to delete the controversial section.

In a chat with newsmen last week Wednesday, Malami said government agencies are working on implementing the court order on the removal of the section.

Reacting to the developments in a statement on Sunday, Falana accused Malami of manipulating the court to issue conflicting orders on the validity of Section 84 (12).

The senior lawyer said the Justice minister was aware of two cases filed by two lawyers on the constitutional validity of the section after the Umahia court had granted an interim order on the same matter.

Falana said aside from the suit filed in Abia, a similar case was filed at the Ibadan judicial division of the Federal High Court but the case was struck out by the judge.

He said Malami, who is the defendant in both cases, did not draw the attention of the Ibadan and Umuahia judicial divisions of the federal high court to the fact that the Abuja division of the same court had, on March 7, 2022, restrained the AGF, President Muhammadu Buhari, national assembly and the Independent National Electoral Commission (INEC) from “refusing to implement” the provisions of the section.

He also said Malami failed to disclose to the Umuahia judicial division of the federal high court that the Ibadan division had struck out a similar case for want of locus standi.

Falana, however, said the judge sitting in the Umuahia judicial division ought to have struck out the fresh case before her as it constituted a gross abuse of the court process.

He stated that if Malami goes ahead to delete section 84(12), he would be liable to contempt of court as the Abuja division of the federal high court has restrained him and other defendants from enforcing the provision “pending the determination of the motion on notice for an interlocutory injunction”.

He said: “No doubt, this is the first time in the entire history of Nigeria that the office of the attorney-general of the federation has engaged in forum shopping for favourable orders of the federal high court or any other court.

“It is high time the dangerous manipulation of the federal high court was stopped as the nation prepares for the 2023 general election.”