1999 Constitutional Amendment: FG drags NASS to Supreme Court

1999 Constitutional Amendment: FG drags NASS to Supreme Court

As the controversies over the amendment of the 1999 Constitution continue to linger the Federal Government  has drags National Assembly before th3 Supreme Court.

The Attorney-General of the Federation (AGF) and Minister of Justice, Mohammed Adoke (SAN), who filed the suit before the Supreme Court, through Chief Bayo Ojo (SAN), insisted that due process was not followed by the lawmakers during the amendment process.

The government asked the court to determine: Whether the proposed amendment to the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as the Constitution) by the Defendant through Sections 3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 of the Constitution of the Federal Republic of Nigeria, (Fourth Alteration) Act 2015 (hereinafter referred to as The Fourth Alteration Act 2015), which purportedly altered Sections 8, 9, 34, 35, 39, 42, 45, 58, 84, 150, 174 and 211 of the Constitution without compliance with the requirements of Section 9 (3) of the Constitution, is not unconstitutional, invalid, illegal, null and void
The government also asked for a declaration that the proposed amendment to the Constitution, through Sections 3, 4, 12, 14, 21, 23, 36, 39, 40, 43 and 44 of the Fourth Alteration Act, 2015 which purportedly altered Sections 8, 9, 34, 35, 39, 42, 45, 58, 84, 150, 174 and 211 of the Constitution and passed by the Defendant without complying with the mandatory requirement of Section 9(3) and (4) of the said Constitution stipulating passage by, at least, four-fifths majority of all members of each House specified in Sections 48 and 49 of the Constitution, is unconstitutional, invalid, illegal, null and void and of no effect whatsoever.
In the affidavit in support of the case deposed to by Theophilus Okwute, the plaintiff said that the purported Fourth Alteration Act 2015 was not passed with the mandatory requirement of four-fifths majority of members of the Defendant and the mandatory due processes provided for under relevant sections of the extant Constitution of the Federal Republic of Nigeria 1999 (As Amended).
He said the Defendant is making moves, with the tacit consent of all State Houses of Assembly to employ certain provisions of the Constitution to now pass the purported Fourth Alteration Act, 2015 into Law.
No date has been fixed for the hearing.