Supreme Court stops constitution amendment

Firstclass newsline learnt that a seven-man panel of the Supreme
Court, led by Chief Justice Mahmud Mohammed, consequently directed
that the status quo be maintained with regard to the issue.
The order followed the suit filed by the Attorney-General of the
Federation, Mohammed Adoke (SAN), challenging the passage of the
4th Alteration Bill by the 7th National Assembly which tenure ends on
June 5.
The court explained that the order implied that no further step should
be taken by parties in the suit with respect to the issue. It
therefore fixed June 18 for further proceedings.
Before granting the order to maintain the status quo, the apex court
raised questions about the composition of parties in the suit.
For instance, it asked Adoke's counsel, Bayo Ojo (SAN), whether the
suit ought not to have been filed in the name of the President instead
of the AGF.
It also wondered whether the state Houses of Assembly which were part
of the constitution amendment process ought not to have been joined as
parties.
The court then agreed to give Ojo and the National Assembly, the only
defendant in the suit, time to file their written addresses on the
issues raised.
The CJN, who read the court's ruling said, "To allow the learned
counsel for the plaintiff time to address the court on salient issues
surrounding the case, regarding the proper parties, and having regard
to the requirement of the Supreme Court of Nigeria Additional
Jurisdiction Act, CAP F16, Laws of the Federation of Nigeria 2004 and
Section 232 of the 1999 Constitution, prescribing the original
jurisdiction of this court and the party that can invoke that
jurisdiction, this case is further adjourned to June 18, 2015 for the
parties to address the court on these salient issues.
"Meanwhile, pending the hearing of the parties on June 18, 2015, the
status quo shall be maintained in the matter.
"In other words, no further steps shall be taken to alter the current
position of the subject matter of the suit by the defendants or the
plaintiff."
The National Assembly was not represented by any lawyer during the
Thursday's proceedings which were scheduled for the hearing of an
interlocutory application for interim injunction filed by the AGF.
President Goodluck Jonathan had refused to assent to the 4th
Alteration Bill on the grounds of the alleged failure of the National
Assembly to fulfil 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 a provision which confers on the
National Assembly, the power to pass an amendment to the constitution
without the President's consent.
In the 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 Bill , 2015
purportedly passed by the National Assembly.
The application was anchored 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.
He also argued that the whole Nigerian polity stood to benefit a lot
if the issues in the substantive suit were 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 tilted in favour of resolution
of this suit before any further step could be taken on the bill.
Before the Supreme Court order,firstclas newsline learnt that the
Senate had perfected necessary legislative strategies to override the
President's decision to withhold his assent to the bill.
A member of the Senate Committee on Constitution Amendment told one of
our correspondent on condition of anonymity, that the Senate had fully
briefed its lawyers and would at the appropriate time, come up with
its position on the matter.
He said, "Everything that needed to be done on the amendment has been
perfected and the Senate is convinced that Jonathan has no reason not
to sign it into law. We will definitely override him, that I can
assure you."
The Chairman, Senate Committee on Rules and Business, Senator Ita
Enang, confirmed that the committee on constitution review had
already taken far-reaching decisions on the matter on Wednesday.
He said, " It is only our committee chairman that can speak on what we
decided but we took far-reaching decisions.
"It is only the chairman of the committee or a person authorised by
the committee to speak that can speak. I am a member of the committee
on constitution review but it will not be appropriate for me to speak
on what we discussed and agreed because it was a committee's decision.
Firstclassnewsline.net