INEC can’t take orders from AGF on Zamfara election- Agbakoba

Chidi Samuel|

Human right lawyer and a senior advocate of Nigeria (SAN), Olisa Agbakoba has rebuked Nigeria’s attorney general and minister of justice, Abubakar Malami over his letter asking the Independent National Electoral Commission (INEC) to postpone elections in Zamfara state because of litigation.

Malami asked INEC to postpone the elections and allow the APC  prepare for the polls since the courts admitted that primaries were held.

But in a letter to the AGF, Agbakoba reminded him that INEC is a neutral body which cannot take orders from the federal government and that only the APC can make such a request from the electoral body.

He also reminded Malami that President Muhammadu Buhari had promised non-interference in the activities of INEC.

Agbakoba, therefore, asked the AGF in a letter dated February 14, to withdraw his letter, which according to him, undermines the president’s commitment.

“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,” Agbakoba said.

“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 the 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 Muhammadu 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“It is my hope that this letter will be immediately withdrawn.”

Agbakoba also wrote Mahmood Yakubu, INEC chairman, asking him to disregard Malami’s letter.

“INEC is an independent institution and should not take directives from the Attorney General of the Federation or the Federal Government,” he told INEC.

“ If there is need for the postponement of the Zamfara state elections, the proper person to request the postponement is the All the Progressive Congress (APC).

“In any case, Sections 38 and 39 of the Electoral Act 2010 (as amended) which the Attorney General’s request is based on have nothing to do with postponement of elections.

“INEC should disregard the Attorney General’s letter.”