Malami and Falana
The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN, today (Saturday) confirmed that he has not resigned from his position as minister but has instead withdrawn his ambition to contest the 2023 Kebbi state governorship election, a step which Senior Advocate of Nigeria Chief Femi Falana described as illegal and a gross contravention of the stipulated law.
Malami, who made public his new decision in a statement that was signed by his media aide, Dr. Umar Gwandu, said his decision to pull out from the gubernatorial contest, was borne out of patriotism.
The statement, read: “Attorney General of the Federation and Minister of Justice, Abubakar Malami has not resigned. He withdrew his ambition to contest for the 2023 Kebbi State Gubernatorial Elections.
“Malami has the right to choose to voluntarily shelve his gubernatorial ambition. It is a matter of personal conviction and individual right which didn’t violate any law.
“Right thinking members of the society accord respect to individual’s right to freedom of choice in matters relating to this.
“As individual Nigerian citizens with inalienable fundamental rights, we are not aware of any legally justifiable and reasonable tenable obligations compelling the person of Abubakar Malami, SAN or as an Attorney General of the Federation to do otherwise.
“The decision is not only a demonstration of altruism and patriotism, but of contentment, self-control, placidity and decisiveness in problem-solving at a time shrouded with confusing and competing stimulus. It is a commendable posture worthy admiration coming from a paragon of virtue”.
The Attorney-General of the Federation is not the only one of President Muhammadu Buhari’s minister’s to develop cold feet at the last minute and refused to resign from their political appointments as stipulated by the constitution.
The Minister of Labour, Chris Ngige too, like Malami has shelved his plan to resign and has therefore abandoned his presidential ambition.
But Chief Femi Falana, SAN, has described the withdrawal of resignation letters by the duo of Abubakar Malami and Chris Ngige as illegal and gross contravention of the stipulated law.
Media reports had claimed that the AGF and the Minister of Labour had withdrawn their resignation letters to focus on their jobs.
Falana, however, noted in a statement he personally signed that “At the last Federal Executive Council meeting on Wednesday, May 11, 2022, President Muhammadu Buhari directed all Ministers and other political appointees who aspire to contest for elective offices in the 2023 General Elections to resign their appointments.
Falana recalled, “In compliance with the directive, nine Ministers resigned their appointments. The former Ministers are Rotimi Amaechi, Godswill Akpabio, Ogbonnaya Onu, Timipre Sylva, Chris Ngige, Abubakar Malami (SAN), Uche Ogah, Pauline Tallen and Chief Tayo Alasoadura.
He noted that, “In a farewell meeting held with the former Ministers on Friday, May 13, 2022, President Buhari thanked them for serving the nation sacrificially, ”with dignity and honour”.
While wishing them success in the upcoming elections and in future endeavours the President commended them for their decision and courage to contest for elective offices and their compliance with his directive.
Having resigned from the Buhari administration Mr Abubakar Malami SAN and Dr Chris Ngige were reported to have withdrawn their letters of resignation after the farewell meeting.
Falana insisted that such withdrawal is illegal as it constitutes a gross contravention of section 306 (2) of the Constitution which stipulates that: “The resignation of any person from any office established by this Constitution shall take effect when the writing signifying the resignation is received by the authority or person to whom it is addressed or by any person authorised by that authority or person to receive it.”
“Since the resignation of the former Ministers has taken effect they cannot return to the cabinet either of their own volition or on the directive of the President.”
“The resignation of the Ministers is not a cabinet reshuffle. It is akin to the removal of the former Ministers by the President. Therefore, if the former Ministers are going to be reappointed the President is required by section 147 of the Constitution to resubmit names to the Senate for fresh screening and confirmation.”
