In order to stop the National Assembly from going ahead to pass into law the controversial amendments to the constitution, the Attorney General of the Federation and Minister of Justice, Mohammed Adoke, has applied for an order of interlocutory injunction restraining the lawmakers from taking any further step towards passing the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act, 2015 into law pending the final determination of the suit earlier filed before the court.
The application, which was filed by the counsel to Adoke, Chief Bayo Ojo (SAN), was brought pursuant to Order 3 Rule 14 of the Supreme Court Rules as amended.
The AGF premised the application on the grounds among others that the National Assembly was determined to proceed with passing the constitution by overriding the veto of same despite the fundamental nature of the issues raised against it.
According to the AGF, it is more in the interest of the whole Nigerian polity that the issues in the substantive suit herein be resolved one way or the other before the National Assembly can proceed further on the proposed alterations to the constitution.
The AGF said: ”Hon. Samson Osagie, Minority Whip of the House of Representatives, said to the whole world at a press conference purposely called on the issue in this suit that despite any case filed against the said Act (which actually is a Bill), the National Assembly would go ahead to pass it into law.”
Adoke said the balance of convenience tilts in favour of resolution of this suit before any further step could be taking on the Bill.
In an affidavit deposed to by one Theophilus Okwute, a lawyer in the chambers of Ojo, he said he was aware of a press conference held by the defendant.
Okwute said: ”That I listened to Hon. Samson Osagie, the Minority Whip of the House of Representative on the NTA 9 O’clock News on 24/04/2015 when he said that the National Assembly would go ahead to pass the (Fourth Alteration) Act (Bill) 2015 into law despite any Court action because no order had been made against the National Assembly to restrain it from doing so.
“That by that very disposition of the said Hon. Samson Osagie who spoke to the press as a Principal Officer of the Defendant/Respondent, it is clear that the Defendant/Respondent is determined to proceed to pass the Fourth Alteration Act (sic) into Law despite the pendency of the substantive suit herein.
“That fundamental questions were raised by the Plaintiff/Applicant on the proposed alterations to the Constitution of the Federal Republic of Nigeria through the Fourth Alteration Act, 2015 which is in issue in this suit.
“That it will be in the larger interest of Nigeria that those issues be resolved before the Defendant/Respondent takes any further step in giving effect to the proposed alterations to the Constitution.
“That with the utterances of Hon. Samson Osagie at the Press Conference earlier alluded to in this affidavit, it is clear that the Defendant is determined to ignore the proceeding before this Honourable Court on the proposed alteration and proceed to give effect to the alterations to the Constitution.
“That the Defendant/Respondent will not lose anything or suffer any prejudice if this application is granted.
“That the balance of convenience tilts in favour of granting this application.
“That the whole Nigerian legal system shall be put into confusion if the Defendant/Respondent proceeds to give effect to the Fourth Alteration Act (Bill) 2015 and this suit succeeds such that the Constitution remain unaltered, meaning that the Act is void and or no effect.
“That the Constitution is the basic law of Nigeria and should only be amended following due process.
“That it will be in the interest of justice to grant this application.”
The Federal Government dragged the National Assembly to the Supreme Court asking the apex court to declare the amendments to the constitution proposed by the lawmakers as unconstitutional.
The claim by the Federal Government is 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 the relevant sections of the extant Constitution of the Federal Republic of Nigeria 1999 as amended.
In the originating summons, the Federal Government asked the apex court to make 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 Defendant.