ABUJA – The two Chambers of the National Assembly (Senate and the House of Representatives) will this morning, meet behind their respective closed doors, to decide way forward in the current legal wedge on their attempt to override Presidential veto of the 4th Alteration of the 1999 Nigerian Constitution.
President Goodluck Jonathan had withheld his approval to the 4th amendment to the Constitution for “non-compliance with the threshold specified in Section 9(3) of the 1999 Constitution on amendments; and unjustified whittling down of the Executive powers of the Federation vested in the President by virtue of Section 5(1) of the 1999 Constitution”.
While the federal legislators were yet ruminating on the presidential veto, the presidency through the Minister of Justice and Attorney-General of the Federation, Mr. Mohammed Adoke (SAN), obtained an order of interlocutory injunction restraining the lawmakers from taking further steps towards passing the 4th Alteration of the Constitution into law, pending final determination of the suit earlier filed before the Supreme Court.
In a ruling on Thursday, a seven-man panel, led by the Chief Justice of Nigeria (CJN) Justice Mahmud Mohammed, ordered the National Assembly to maintain status quo on the matter until June 18, thereby making it impossible for the process which commenced a few year ago to see the light of day in the Jonathan administration.
The Supreme Court also directed the issuance of hearing notice on the NASS for it to appear on that date to respond to the suit that was lodged against the proposed alterations to the constitution, by President Goodluck Jonathan.
In his remarks shortly before adjourning for today, presiding Deputy Senate President Ike Ekweremadu announced that the red chamber would meet behind closed doors to chat the next course of action in the Supreme Court’s hinderance of their project.
According to him, a crucial decision on the efforts to amend the constitution would be taken at that meeting which attendance he said would be very mandatory?.
“I request all of us to be available tomorrow (today – 13/06/15) to discuss the amendments to the constitution, and be able to respond appropriately to the development. Please let those who are not available today (yesterday – 12/05/15) know that we will have closed session tomorrow to discuss this item so that we will be able to fashion out the way forward.
The Constitution of the Federal Republic of Nigeria (fourth alteration) Act 2015 had earlier been scheduled for “First Reading”, apparently to begin discussion on possible override of President’s veto?. It was however stood down on the request of the Senate Majority Leader, Victor Ndoma Egba. No official reason was given for the withdrawal.
“I request all of us to be available tomorrow to discuss the amendments to the constitution and be able to respond appropriately to the development. Please let those who are not available know that we will have close session tomorrow to discuss this item so that we will be able to fashion out the way forward.”
Meanwhile, furious members of the House of Representatives have vowed to work some way round the Court injunction, describing it as meddlesome since the 4th Alteration attempt was yet in the process, which they argued, makes it unnecessary for the apex court to have interfered.
Chief Bayor Ojo had filed the application on behalf of the AGF, pursuant to Order 3, Rule 14 of the Supreme Court Rules as amended. He alleged that NASS was determined to proceed with passing the constitution by overriding the president’s veto of same despite the fundamental nature of the issues raised against it.
According to him, it is in the interest of justice and that of the entire Nigerian polity that the issues in the substantive suit be resolved one way or another before the National Assembly could proceed with the proposed alterations to the constitution.
According to the AGF, ”Hon. Samson Osagie, minority whip of the House of Representatives, said to the whole world at a press conference purposely called on the issue in this suit that despite any case filed against the said Act (which actually is a Bill), the National Assembly would go ahead to pass it into law.”
The AGF asserted that the balance of convenience tilted in favour of resolving the suit before any further step could be taken on the Bill.
An affidavit deposed by Theophilus Okwute, a lawyer in the chambers of Chief Bayo Ojo and Co in the case reads in part: “That I listened to Hon. Samson Osagie, the minority whip of the House of Representatives on the NTA 9 o’clock News on 24/04/2015 when he said that the National Assembly would go ahead to pass the (Fourth Alteration) Act (Bill) 2015 into law despite any court action because no order had been made against the National Assembly to restrain it from doing so.
That by that very disposition of the said Hon. Samson Osagie, who spoke to the press as a principal officer of the defendant/respondent, it is clear that the defendant/respondent is determined to proceed to pass the Fourth Alteration Act (sic) into Law despite the pendency of the substantive suit herein.
That fundamental questions were raised by the plaintiff/applicant on the proposed alterations to the Constitution of the Federal Republic of Nigeria through the Fourth Alteration Act, 2015, which is in issue in this suit.
That it will be in the larger interest of Nigeria that those issues be resolved before the defendant/respondent takes any further step in giving effect to the proposed alterations to the Constitution.
That with the utterances of Hon Samson Osagie at the press conference earlier alluded to in this affidavit, it is clear that the defendant is determined to ignore the proceeding before this honourable court on the proposed alteration and proceed to give effect to the alterations to the Constitution”.
He further posited that the entire Nigerian legal system would be put into confusion if the lawmakers proceeded to give effect to the Fourth Alteration Act (Bill) 2015 and this suit succeeds – such that the Constitution remain unaltered, meaning that the Act is void and or no effect.
senate
