Constitution Amendment: FG’s Claim of Litigation a Blatant Lie, Says Senate

AGF seeks injunction against National Assembly

Omololu Ogunmade Soniyi

Tobi The face-off between the federal government and the National Assembly over the amendments to the constitution continued yesterday as the Senate accused the government of deliberately telling lies to deceive Nigerians that it had filed a suit on the matter.

In order to stop the National Assembly from going ahead to pass into law the controversial amendments to the constitution, the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Mohammed Bello Adoke (SAN), has applied for an order of interlocutory injunction restraining the lawmakers from taking any further step towards passing the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act, 2015 into law pending the final determination of the suit earlier filed before the court.

Making the allegation during the induction ceremony organised for senators-elect by the Nigeria Institute for Legislative Studies, Deputy Senate President, Senator Ike Ekweremadu, said federal government’s claim of litigation on the matter was nothing but sheer propaganda which he said would be duly resisted by the National Assembly.

According to him, several days after the government claimed to have dragged the National Assembly to the Supreme Court, no notice of the court process had been served on them.

He also described the claim by the federal government that its counsel, Chief Bayo Ojo, had written a letter to the National Assembly, advising it to suspend further action on constitution amendment until the determination of the suit, was a continuous act of the propaganda.

“As I speak to you, there is no court process that has been served on National Assembly. So, as far as I am concerned, there is nothing in court. We also read in the news papers that Bayo Ojo wrote a letter on behalf of the government, asking us not to deliberate on the matter pending the matter in court. I want to also say that no letter was received Ojo or anybody whatsoever. It’s just cheer media propaganda. But I want to assure Nigerians that we will resist it,” he threatened.

Also speaking on the development, Senate committee Chairman on Rules and Business, Senator Ita Enang, said even though the power to amend the Constitution resides in the legislature, special procedure on constitution amendment is not a provision in the Standing Orders of either the Senate or the House of Representatives.

Furthermore, he said all the amendments to the 1999 Constitution so far have continued to be subjects of litigation because there is no binding procedure to follow between the state and federal legislatures. He also disclosed that both the state and federal legislatures lack proper records of the amendment process.

“The amendment of the Constitution of the Federal Republic of Nigeria 1999 has not been free of controversies since the process has begun. Overtime it has become a thorny issue. This has been the case with the first, second, third and the current amendment process of the 1999 Constitution.

“More often than not, the amendment process ends in a judicial process like the current one has. This is because there is no unified procedure between the National Assembly and the State Houses of Assembly to ensure a successful amendment process of the Constitution.

“Again, there is never a proper record in the Votes and Proceedings and the Hansard of the federal and state legislatures to show how many legislators were in attendance on that legislative date and how many of them voted in support or against any proposed amendment. This has been the case with the first, second and third amendment of the 1999 Constitution,” he said.

Also yesterday, Ekweremadu launched a new book on the constitution, entitled: ‘Constitutional Review in an Emerging Democracy, The Nigerian Experience,’ which he co-authored with the lead consultant to the Senate Committee on Constitution Review, Professor Offornze Amucheazi.

While presenting the book, Senate President, David Mark, commended the committee for its ability to break the jinx on the review of the 1999 Constitution, noting that the book provides sufficient insight and guide into constitution amendments by the National Assembly since 2007.

In his remark, Ekweremadu described the constitution as a legal document that is dynamic like the society itself.

“So, at some turns in the history of a people, they decide to look at their constitution. We decided to put in a book form how we were able to actualise the amendments and then the values they have added to our country,” he added.

But in move to stop the National Assembly from going ahead to pass into law the controversial amendments to the constitution, Adoke, yesterday applied for an order of interlocutory injunction restraining the lawmakers from taking any further step towards passing the constitution into law pending the final determination of the suit earlier filed before the court.

The application, which was filed by the counsel to the AGF, Chief Ojo was brought pursuant to Order 3 Rule 14 of the Supreme Court Rules as amended.

The AGF premised the application on the grounds that among other things, the National Assembly was determined to proceed with passing the constitution by overriding the veto of same despite the fundamental nature of the issues raised against it.

According to the AGF, it is more in the interest of the Nigerian polity that the issues in the substantive suit herein be resolved one way or the other before the National Assembly can proceed further on the proposed alterations to the constitution.

The AGF said: ”Hon. Samson Osagie, Minority Whip of the House of Representative, said to the 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.”

Adoke said the balance of convenience tilts in favour of resolution of the suit before any further step could be taken on the bill.

In an affidavit deposed to by one Theophilus Okwute, a lawyer in the chambers Ojo, he said was aware of a press conference held by the defendant.

He said: ”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 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 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.”