LEDAP CHALLENGES ALTERATIONS OF THE CONSTITUTION BY NASS, SAYS PROPER PROCEDURE WERE NOT FOLLOWED -CHINO OBIAGWU

By Ayilara Olalekan

The Federal High Court Abuja has been asked to nullify all the amendments of the 1999 Constitution by the National Assembly because the required procedures were not followed. The National Assembly has to date adopted three constitutional amendments, namely the First, Second, and Third Alteration Acts. The Fourth alteration Bill is enmeshed in legal tussle between the Presidency and the National Assembly.

In a suit filed yesterday by the Legal Defence and Assistance Project (LEDAP) against the Clerk of the National Assembly, the NGO is claiming that the procedure for alteration or amendment of the Constitution under Sections 8 and 9 of the Constitution were not followed in the exercise of alterations of the Constitution. The plaintiff claim that the National Assembly did not secure the required two-third majority votes of all the members of the House of Representatives and Senate, and the resolutions of two-third of Houses of Assembly of the States before adopting the constitutional alteration laws.  The court is then asked to declare those alterations of the constitution as null and void.  The reliefs sought in the case are:

1.      A DECLARATION that the mandatory procedure for alteration of the 1999 Constitution provided under section 9 of the 1999 Constitution were not followed by the National Assembly in enacting the Constitution of the Federal Republic of Nigeria (First Alteration) Act, 2010; the Constitution of the Federal Republic of Nigeria (Second Alteration) Act, 2010; the Constitution of the Federal Republic of Nigeria (Third Alteration) Act, 2010 and the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Bill, 2015.

2.      A DECLARATION that the Constitution of the Federal Republic of Nigeria (First Alteration) Act 2010, the Constitution of the Federal Republic of Nigeria (Second Alteration) Act 2010, the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010, and the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Bill 2015 were not passed with the required mandatory votes of not less than two-third majority or four-fifth majority, as the case may be, of all members of the National Assembly and approved by resolutions of not less than two-thirds of the Houses of Assembly of states of the Federation of Nigeria.

3.      AN ORDER declaring the Constitution of the Federal Republic of Nigeria (First Alteration) Act 2010, the Constitution of the Federal Republic of Nigeria (Second Alteration) Act 2010, the Constitution of the Federal Republic of Nigeria (Third Alteration) Act 2010 and the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Bill 2015 unconstitutional and therefore null and void.

LEDAP’s lead counsel, Mr Chino Obiagwu in a statement said “the case is an important measure by the organisation to enthrone the rule of law and constitutionalism in governance. We want to continue to demand that all arms of government including the National Assembly and State Houses of Assembly comply with the law while carrying out any of their duties. The constitution is the fundamental law of the country and should not be amended without following the proper procedure designed to ensure proper consultation with the popular representatives of the people.”

It will be recalled that the recent bill to alter the constitution is stalled because the Presidency had objected to some of the provisions of the bill, which it returned to the National Assembly to amend them.