You Have No Power To Issue Orders To INEC, Agbakona Tells FG, AGF Malami

Prominent Lawyer and Senior Advocate of Nigeria, Olisa Agbakoba, a senior advocate of Nigeria (SAN), says the Independent National ElectoralCommission (INEC) could be a neutral body which cannot obey from thefederal government.
Agbakoba said this in reaction to the letter written by Abubakar Malami,attorney-general of the federation, asking INEC to postpone elections in Zamfara state due to litigation.
The crisis within the Zamfara chapter of the All Progressives Congress (APC) affected primary elections.
Malami asked INEC to postpone the elections and permit APC brace oneself for the polls since the courts admitted that primaries were held.
However, Agbakoba said it's only the APC which will make such asking from the electoral body.
He also reminded Malami that President Muhammadu Buhari had promised non-interference within the activities of INEC.
In a letter dated Saint Valentine's Day, the senior advocate asked Malami to withdraw his letter, which consistent with him, undermines the president’s
commitment.
“I am shocked by your letter to the Independent National Electoral Commission (INEC) on the above subject. you're the Attorney General of the Federation and not the Attorney General of INEC,” Agbakoba said.

“INEC is an independent institution and can't take directives from the central. If there's need for the postponement of the Zamfara state elections as indicated in your letter, the correct person to request the postponement is that the All the Progressive Congress (APC).
“In any case, Sections 38 and 39 of the Electoral Act 2010 which your request is predicated on don't have anything to try and do with postponement of elections.
“President Muhammadu Buhari has at various fora undertaken that the federal won't interfere with INEC. Your letter puts that commitment to question.
“It is my hope that this letter are immediately withdrawn.”
Agbakoba also wrote Mahmood Yakubu, INEC chairman, asking him to disregard Malami’s letter.
“INEC is an independent institution and may not take directives from the Attorney General of the Federation or the federal,” he told INEC.
“ If there's need for the postponement of the Zamfara state elections, the right person to request the postponement is that 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 relies on don't have anything to try and do with postponement of elections.
“INEC should disregard the Attorney General’s letter.”