Poised for a last fight, 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.
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?“
More over, FG prayed the apex court to declare that the proposed amendments to the Constitution, through sections 3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 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 and passed by the Defendant without complying with the mandatory requirement of section 9(3) and (4) of the said Constitution stipulating passage by at least four-fifths majority of all members of each House specified in sections 48 and 49 of the Constitution, is unconstitutional, invalid, illegal, null and void and of no effect whatsoever.
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.