Supreme Court bars NASS from amending constitution 

 The Supreme Court on Thursday ordered the

Federal Government and the National Assembly to
maintain status quo in the suit filed by the Attorney-
General of the Federation over constitutional amendments.
President Jonathan had withheld his assent to the
amendments to some sections of the 1999 Constitution
and instituted a suit against NASS at the Supreme Court to
annul the amendments.
At the apex court’s sitting presided over by the Chief
Justice of Nigeria (CJN), Justice Mahmud Mohammed, the
parties were ordered to maintain status quo till the hearing
of the suit on June 18.
This, the court said, was to give the counsel to the
Federal Government, Mr Bayo Ojo (SAN) adequate time to
prepare to address the court on salient constitutional
issues raised in his originating processes.
The CJN also ordered that hearing notice be issued and
served on the NASS (respondent), which was not
represented in court, to enable it to appear before the
court on the adjourned date.
Earlier, Ojo told the court that the subject-matter of the
suit was the President’s grouse against the procedure
employed by NASS in the amendment to the Fourth
Schedule of the Constitution.
The President’s counsel said that NASS ought to have
complied with Section 8 and Section 9 of the constitution
in carrying out the amendment, which necessitated the
President withdrawing his assent.
Jonathan had in a seven-page letter to the Senate
President, David Mark, and the Speaker of the House of
Representatives, Aminu Tambuwal, queried NASS’
decision to whittle down some executive powers of
Nigeria’s president.
The President had faulted some aspects of the
amendments which give 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 NASS did not have the
mandatory requirement of four-fifth majority of NASS.
Also read: FG drags national assembly to court over
amended constitution
The government also requested the Supreme Court to give
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 legislature.
Ojo argued that the defendant was making moves, with
the tacit consent of state legislators, to employ certain
provisions of the Constitution to pass the purported
Fourth Alteration Act, 2015 into Law.
According to the plaintiff’s counsel, the Fourth Alteration
Act 2015 contains many proposed amendments
inconsistent with the spirit of federalism, separation of
powers, checks and balances.
He argued that it would be in the interest of justice to
grant all prayers sought because most of the provisions
of the purported Fourth Alteration Act 2015 are contrary to
public policy and good governance.
The National Assembly had before the filing of the suit by
the Federal Government and Thursday’s order for the
maintenance of status quo, said after 30 days, it would
override the veto of the president.
- NAN