👤 Uthman Muhammed, DENISAURUS News

The Attorney General of the Federation and Minister of Justice, Abubakar Malami wants the Independent National Electoral Commission, INEC to postpone elections in Zamafara so as to allow candidates of the All Progressives Congress to participate in the exercise. 

Elections are scheduled to hold on February 16 and March 2, but, the body set up in 1998 to oversee elections in Nigeria has refused to list candidates for the ruling party in Zamafara, because a court ruling stated that primaries had not taken place.

However, in a letter circulating the internet, Mr Malami, a Senior Advocate of Nigeria, allegedly noted that the “Court of Appeal has upheld the primaries as valid”

“In this particular instance, the constraining circumstances that led to the delay in fielding a candidate were caused by INEC’s refusal to comply with the Zamfara State High Court Judgment in the aforementioned suit to uphold the Primaries as held.”

He stated that the primaries held on October 3 and 7, 2018 for the governorship and the national and state legislative houses have been deemed lawful so INEC should not “foreclose” the right of the party to participate in the elections.

“Moreover, INEC cannot foreclose the right of a political party to participate in elections without recourse to the Act,” he said: “By the doctrine and principle of judicial precedence, the Appeal supersedes the Federal High Court’s Position in Suit No. FHC/ABJ/CS/1279/2018- ALL PROGRESSIVES CONGRESS (APC) V. INEC & 5 ORS

“In view of the fact, now that the Court of Appeal has upheld the Primaries as valid, the APC in Zamfara State will need a little time to catch up with its contemporaries in the election. Granting them this concession is not necessarily a favour but a right that inures to all contestants under similar circumstances.

“Consequent on the above, INEC is invited to comply with the judgement of the Court of Appeal by admitting the results of the APC Zamfara State Primaries and to also comply with the provisions of S.38 of the Electoral Act which empowers INEC to postpone the election for the governorship, National Assembly and House of Assembly Elections,” the three paged letter February 13, 2019, went on to state.

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