FG seeks Supreme Court’s injunction to halt constitution amendment

The Federal Government through the Attorney-General of the Federation, Mr. Mohammed Adoke, has asked the Supreme Court to grant an interlocutory injunction restraining the National Assembly from going ahead with the constitution amendment.

The AGF had last Wednesday written separate letters to the Senate President, David Mark, and Speaker of the House of Representatives, Aminu Tambuwal, asking them to stop the constitution amendment in deference to the suit challenging the process.

The AGF’s lawyer, Chief Bayo Ojo, maintained in his letters dated April 22, 2015, that to go ahead with the passage of the bill despite the pendency of the suit challenging the process “will be an affront to the rule of law and democracy.”

President Goodluck Jonathan had refused to assent to the 4th Alteration Bill on the grounds of the alleged failure of the National Assembly to fulfill the mandatory requirement for the passage of the bill.

The AGF had filed the suit at the Supreme Court challenging the final passage of the bill following the amendment of the constitution by the National Assembly conferring on itself the power to pass an amendment of the constitution without the president’s consent.

In his originating summons, the Federal Government ‎asked the apex court to make an order nullifying and setting 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.

The plaintiff filed his application for interlocutory injunction, through  his counsel, Chief Bayo Ojo (SAN), in view of the determination of the National Assembly to proceed with the amendment despite the pending suit.

He anchored the application on provisions of Order 3 Rule 14 of the Supreme Court Rules as amended.

The AGF argued in the application that the National Assembly was determined to proceed with passing the amendment by overriding the President’s assent despite the fundamental nature of the issues raised against the passage of the bill.

“Hon. Samson Osagie, Minority Whip of the House of Representative 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,” a supporting affidavit deposed to by Theophilus Okwute, in support of the suit.

The AGF also argued that the whole Nigerian polity stood to benefit  a lot if the issues in the substantive suit are resolved one way or the other before the National Assembly proceeded with the passage of the proposed alterations to the constitution.

The AGF said the balance‎ of convenience tilts in favour of resolution of this suit before any further step could be taken on the Bill.

Okwute, who is of Bayo Ojo’s law firm, stated in the affidavit, ‎”That I listened to Hon. Samson Osagie, the Minority Whip of the House of Representative on the NTA 9 O’clock News on 24/04/2015 when he said 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 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.

“That the whole Nigerian legal system shall be put into confusion if the Defendant/Respondent proceeds to give effect to the Fourth Alteration Act (Bill) 2015 and this suit succeeds such that the Constitution remains unaltered, meaning that the Act is void and or no effect.”

FG seeks Supreme Court’s injunction to halt constitution amendment