Supreme Court gives FG, National Assembly 48 hours to reconcile on constitution amendments

The Supreme Court on Monday gave the National Assembly and Mohammed Adoke, the attorney general of the federation (AGF) and minister of justice, 48 hours to resolve the dispute over constitution amendments.

The court directed the two parties to meet and harmonise their positions on the ground that the issue in dispute can be resolved without court intervention.

Justice Mahmud Mohammed, the chief justice of Nigeria, who led an seven-man panel, issued the ultimatum following an application by counsel to the Federal Government to substitute the AGF with President Goodluck Jonathan as the plaintiff in the suit.

The application filed by counsel to the Federal Government, Bayo Ojo (SAN), who sued the National Assembly in the name of the AGF was vehemently opposed by counsel to National Assembly, Adegboyega Awomolo (SAN) on the ground that the originating summons was incurably defective having sued through an improper party which is the AGF.

Bayo Ojo in his application dated May 20, 2015 is to cure the defectiveness of the suit. But the CJN disagreed with Ojo on the ground that even if the name of the AGF is struck out, the affidavit is still defective, and advised the plaintiff to withdraw his application and come back with a fresh suit.

However, the inability of the counsel to the National Assembly to give undertaking on preservation of the last order on status quo prompted the court o ask the parties to go and reconcile and bring the report of their reconciliation on Wednesday.

It would be recalled that President Goodluck Jonathan had withheld his assent to the amendments to some sections of the 1999 constitution and instituted a suit against the National Assembly at the Supreme Court to annul the amendments.

At the apex court’s sitting on May 7 the parties were ordered to maintain the status quo till the hearing of the suit on June 18 after the expiration of the tenure of the seventh National Assembly.

But it was learnt last week that the Supreme Court rescheduled hearing in the case for May 25, a decision, it was further learnt, was informed by a request contained in a fresh application by the lawyer to the National Assembly, Adegboyega Awomolo (SAN).

Jonathan had in a seven-page letter to Senate President David Mark and the speaker of the House of Representatives, Aminu Tambuwal, queried National Assembly’s decision to whittle down some executive powers of Nigeria’s president.

The president had faulted some aspects of the amendments which gave executive powers and duties to the legislature and the judiciary, being reasons
for his refusal to sign the document into law.

“In view of the foregoing and absence of credible evidence that the constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 satisfied the strict requirements of Section 9(3) of the 1999 constitution, it will be unconstitutional for me to assent to it,” the president said.

Ojo, in the suit filed on behalf of the president and attorney-general of the federation, however, argued that the amendment passed by National Assembly did not have the mandatory requirement of four-fifth majority of the National Assembly.