2023 Elections: My action legal, says Malami

2023 Elections: My action legal, says Malami

by Joseph Anthony
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The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN, has said that he complied with all extant laws and did not act in contravention of any provision(s) of the law.

Malami made the clarification in a statement issued by Dr. Umar Jibrilu Gwandu, Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice.

โ€œIt is important to educate the general public that the section of the Electoral Law being referred to talks about individuals attempting to โ€˜obtain in a polling unit, information as to the candidate for whom a voter in that place is about to vote for or has votedโ€™โ€œ.

โ€œSection 122(3a)and (3b) provides:

(3) No person shallโ€”
(a)interfere with a voter casting his or her vote, or by any other means obtain or
attempt to obtain in a polling unit, information as to the candidate for whom a voter in that place is about to vote for or has voted for; or
(b) communicate at any time to any other person information obtained in a polling unit as to the candidate to whom a voter is about to vote or has voted forโ€

It is clear that the laws was referring to a third party individual seeking information about another voterโ€™s choice and disclosing to others the obtained information of a third party choice.

Section 122(3)(b) prohibits third party individual to โ€œcommunicate at any time to any other person information obtained in a polling unit as to the candidate to whom a voter (someone else) is about to vote or has voted forโ€

The law does not contemplate puting restrictions on individuals revealing by themselves and out of their own volition, of candidate(s) they voted for.

Moreover, the freedom of expression and right to belong to lawful associations are constitutionally guaranteed rights as contained in Sections 39, 40 and 42,โ€ the minister argued.

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