Constitution Amendment: Jonathan asks lawmakers to await Supreme Court ruling

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Constitution Amendment: Jonathan asks lawmakers to await Supreme Court ruling




A day after h asked the Supreme Court to declare unconstitutional the Fourth Alteration to the Constitution, President Goodluck Jonathan yesterday reached out to the National Assembly, urging it to await the outcome of his case before the apex court.

Jonathan’s position is contained in a letter, by a former Attorney General of the Federation (AGF), Bayo Ojo (SAN), through whom the AGF, Mohammed Adoke, (SAN) filed the case for Jonathan.

Ojo, in the April 22 letter, written on behalf of the Federal Government, asked the Senate President to allow the Supreme Court to determine the issues raised in the suit before the Supreme Court.

The letter, a copy of which The Nation obtained yesterday, reads: “In view of this development and the dictates of the principles of the rule of law on which any democratic system thrives, we urge that the Supreme Court be allowed to determine the suit under reference before any further step is taken by the National Assembly on the move to pass the Fourth Alteration Act, alluded to earlier in this correspondence, into law.

“May we add that adopting such attitude will not only commendably be in line with the decisions of the Supreme Court on the need to avoid self-help by all persons and authorities in resolving disputes, but will also yield to the rule of law as espoused in the decisions of the court. One of such decisions is the case of Ojukwu v. Military Governor of Lagos State (1986) 1 NWLR (pt. 18) 621.

“To proceed with the process of passage into law of the Fourth Alteration Act 2015 despite the pendency of this suit under reference will be an affront to the rule of law and democracy. We are convinced, particularly from the commendable record so far of the National Assembly that it will not do that. “

In the suit, the Federal Government is asking the court to nullify the amendments proposed by the National Assembly on the grounds that, among others, the amendments violated the constitution being proposed to be amended.

In the suit, the plaintiff claims for determination of two questions on the constitutionality or otherwise of the procedure adopted by the National Assembly in passing the Constitution (Fourth Alteration) Act 2015, particularly as it relates to sections 3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 purporting to alter sections 8, 9, 34, 35, 39, 40, 42, 45, 58, 84, 150, 174 and 211 of the extant  1999 Constitution  and for an order nullifying and setting aside those sections of the Fourth Alteration Act.

The Federal Government also asked the Senate President to draw the attention of the House of Representatives to the pending suit.

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