Attorney General of the Federation and Minister of Justice, Mohammed Adoke yesterday asked both the Senate and the House of Representatives to stop further moves to pass the ongoing constitution amendment.
Adoke urged both chambers of the National Assembly to halt the constitution amendment process in view of his fresh suit filed at the Supreme Court to challenge the passage of the 4th Alteration Bill to the constitution.
He made this request, through his lawyer, Chief Bayo Ojo, SAN, in separate letters addressed to the Senate President, David Mark, and the Speaker of the House of Representatives, Aminu Tambuwal.
President Goodluck Jonathan had refused to assent to the 4th Alteration Bill on the grounds of the alleged failure of the National Assembly to fulfill the mandatory requirement for the passage of the bill.
Through the AGF, the Executive had filed a suit at the Supreme Court challenging the final passage of the bill, following the amendment of the constitution by the National Assembly, conferring on itself the power to pass an amendment of the constitution without the President’s consent.
Ojo maintained in the letters dated April 22, 2015, that to go ahead with the passage of the bill despite the pendency of the suit challenging the process “will be an affront to the rule of law and democracy.”
The letters entitled, ‘RE: SUIT NO. SC 214/2015 Attorney General of t he Federation and National Assembly’, read in part: “In the said 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 of the Federal Republic of Nigeria (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 of Nigeria and for an order nullifying and setting aside those Sections of the Fourth Alteration Act.
“A copy of the Court Process is attached to this correspondence for ease of reference.”
The A‎GF, who is the only plaintiff in the suit, wants the apex court to declare the passage as unconstitutional as it was not passed by at least four-fifths majority of all members of each House of the National Assembly as specified in sections 48 and 49 of the Constitution of the Federal Republic of Nigeria.


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