2023 Election: My Action Legal – Malami

By Abdulateef Bamgbose

The Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN 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 byUmar Jibrilu Gwandu, Special Assistant on Media and Public Relations, Office of the Attorney General of the Federation and Minister of Justice, following the reactions that trailed his display of ballot paper , where he voted for the All Progressive Congress ( APC), in the ongoing election in Kebbi state .

” It is important to educate the general public that the section of the Electoral Law being referred to talks about individuals attempting 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”.

Section 122(3a)and (3b) provides:

(3) No person shall—
(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 for*”

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

Section 122(3)(b) prohibits third party individual to “communicate 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 for”

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.