Just before handover the
Federal Government, yesterday, dragged the National Assembly to the Supreme
Court, seeking for an order nullifying all the proposed amendments to the 1999
constitution.
In an originating summons it filed through a former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN, FG, prayed the apex court to declare as unconstitutional, the amendments as proposed by the lawmakers.
In an originating summons it filed through a former Attorney General of the Federation and Minister of Justice, Chief Bayo Ojo, SAN, FG, prayed the apex court to declare as unconstitutional, the amendments as proposed by the lawmakers.
Specifically, FG urged the
apex court to set aside sections 3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 of
the Fourth Alteration Act, 2015, purportedly passed by the Defendant.
It contended that the said
Fourth Alteration Act 2015, was not passed with the mandatory requirement of
four-fifths majority of members of the Defendant (National Assembly), and the
mandatory due processes provided for under the relevant sections of the extant Constitution
of the Federal Republic of Nigeria, 1999, as amended.
Besides, it posed two
questions for the apex court to determine, including, “Whether the proposed
amendment to the Constitution of the Federal Republic of Nigeria, 1999
(hereinafter referred to as the Constitution) by the Defendant through sections
3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 of the Constitution of the Federal
Republic of Nigeria, ((Fourth Alteration) Act 2015 (hereinafter referred to as
The Fourth Alteration Act 2015) which purportedly altered sections 8, 9, 34,
35, 39, 42, 45, 58, 84, 150, 174 and 211 of the Constitution without compliance
with the requirements of section 9(3) of the Constitution is not
unconstitutional, invalid, illegal, null and void?
As well as, “Whether in the
absence of compliance by the Defendant with the mandatory requirement of
section 9(3) of the Constitution in the passage of the Fourth Alteration Act,
2015, the Defendant can competently exercise its powers under section 58(5) of
the Constitution to enable the purported Act to become Law?“
It further wants the court
to declare that in the absence of compliance by the Defendant with the
mandatory requirements of section 9(3) of the Fourth Alteration Act, 2015 which
purportedly altered sections 8, 9, 34, 35, 39, 42, 45, 58, 84, 150, 174 and 211
of the Constitution, it is unconstitutional for the Defendant to exercise its
powers under section 58(5) of the Constitution to enable the purported Act to
become Law.
Meantime, the suit was
supported by an affidavit that was deposed to by one of the lawyers in Ojo’s
chambers, Mr. Theophilus Okwute, who maintained the AGF, Mohammed Bello Adoke,
SAN, told him that the purported Fourth Alteration Act 2015 was not passed with
the mandatory requirement of four-fifths majority of members of the Defendant
and the mandatory due processes provided for under the relevant sections of the
extant Constitution of the Federal Republic of Nigeria 1999 as amended.
He averred that the
Defendant is making moves, with the tacit consent of all the State Houses of
Assembly, to employ certain provisions of the Constitution so as to ensure that
the purported Fourth Alteration Act, 2015 is passed into law by all means.
He said: “That the said
purported Fourth Alteration Act 2015 contains many proposed amendments
inconsistent with the spirit of federalism, separation of powers and checks and
balances, all of which constitute the hallmark of the Constitution and
democracy.
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