The Attorney-General of the Federation and Minister of Justice, Abubakar Malami, on Wednesday said the Federal Government had commenced the process of amending the Public Holidays Act 1990 to accommodate June 12 which President Muhammadu Buhari declared as Democracy Day last week.
He said Buhari’s proclamation on the matter was only a declaration of intention that would eventually be given effect after the amendment.
Malami said this while answering questions from State House correspondents at the end of the weekly meeting of the Federal Executive Council at the Presidential Villa, Abuja.
Buhari had last week Wednesday directed that henceforth, the nation’s Democracy Day would be holding on June 12 of every year as against the current arrangement where the ceremony holds on May 29.
He also honoured the winner of the annulled June 12, 1993 presidential election, Chief Moshood Abiola, with the highest National honour, Grand Commander of the Federal Republic.
Buhari also honoured Abiola’s his running mate, Alhaji Babagana Kingibe; and the late human rights activist, Chief Gani Fawehinmi, with the second highest national honour, the Grand Commander of the Niger.
Questions have been raised on whether the President has the constitutional power to declare a day as public holiday outside the Public Holidays Act 1990.
But the minister explained, “As it relates to public holidays, there is truly a Public Holidays Act, but it is about the process and process of amendment
“At any rate, the Act can be amended and the process of amendment has been put in place.
“So, when the Act has been fully amended, the declaration of the President will come into effect.
“It is a declaration of intention, a declaration of desire and that will eventually be given effect with the amendment of the existing law.”
Malami, however, said there was no merit in the argument that national honours could not be conferred on individuals posthumously.
He said a former Head of State, late Gen. Murtala Muhammed, was awarded with a national honour posthumously.
He said, “On posthumous awards, I think we need to make distinctions between the Nigeria National Merit Award Act and the Nigerian National Honours Act.
“They are two distinct and different applicable laws as far as national honours awards are concerned.
“You have the National Merit Award on the strength of which we have the law of the governing board comes into effect and then as it relates to the National Honours Act, the board does not have any relevance in terms of processing of the honours.
“Above all, we equally have in existence, precedent as it relates to the award of posthumous honours. I can recall that a former Head of State, General Murtala Muhammed was equally honoured posthumously amongst others.”
Buhari’s declaration of June 12 as the new Democracy Day and the recognition of the late Abiola as the winner of the June 12, 1993 presidential election plus the conferment of the GCFR honour on the late politician few months to the 2019 presidential election has been criticised by the Peoples Democratic Party.
The main opposition party and some Nigerians had viewed the action as a means that the President was employing to gain political advantage.
