APRIL 27, 2015 : ADE ADESOMOJU, A
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.”

What is wrong with GEJ

Why is the sin - actors trying to change the constitution illegally? Has these changes been approved by 2/3rd of the state houses of assembly?