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A Federal High
Court, sitting in Lagos, yesterday, ordered the National Assembly to
stop further amendment of the 1999 Nigerian Constitution.

The presiding
Judge, Okechukwu Okeke, ordered that no parties must take further steps
in respect of the subject matter. The suit was initiated by the former
President of the Nigerian Bar Association (NBA). Olisah Agbakoba. Mr
Agbakoba had asked the court to hold that the Constitution (First
Amendment) Act 2010 passed by the National Assembly cannot take effect
as law without the assent of the president. He had posited that the
exercise by the lawmakers without the assent of the president was
illegal and unconstitutional, urging the court to nullify the
amendments on the grounds that the National Assembly had contravened
section 58 of the 1999 Constitution. “I have taken cognizance of the
counsel to the plaintiff that the first defendant (National Assembly)
is making moves to further amend the subject matter before the court,”
said the judge. “The 1st defendant counsel has posited that there are
no such moves but I conceded that while the matter is pending, his
client have no power to take further steps.”

Defying the court

At the resumed
hearing of the matter yesterday, Chijioke Emeka, Counsel to Mr
Agbakoba, told the court in his notice of interlocutory injunction,
dated October 6, 2010, that there is pending before the judge a
substantive case challenging the constitutional validity of the
Constitution (First Amended) Act 2010. Mr Emeka argued that while the
suit is pending, the respondents have continued to carry into effect
the provisions of the disputed legislation in defiance of court process
and exposing the subject matter of the suit to disrepute.

However, Counsel to
the National Assembly, Johnson Usman, debunked the allegation, saying
that it was not correct that the first defendant has continued to carry
out the process of further amending the constitution. “I am aware that
when parties are in court, status quo has to be maintained and the
first defendant is doing everything to maintain status quo to show
regard to the majesty of the court,” he said.

In a similar
manner, Emmanuel Akaa, the Counsel to the Attorney General of the
Federation, said his client would not do anything that would sabotage
the processes which are already in court on the matter. “We shall obey
which ever order the court gives on this matter,” he said.

The president must sign

Mr Agbakoba is also
asking the court to hold that in view of the provisions of section 58
(1) of the 1999 Constitution, the assent of the president is a
prerequisite before the amendments can become law. According to the
plaintiff, unless the assent of the president is overridden in pursuant
to section 58 (5) of the Constitution, president’s assent is required
before the amendments become law. He is also asking the court to
“declare that the exclusion by the first defendant (National Assembly)
of the assent of thepPresident of the Federal Republic of Nigeria from
the process of alteration of the Constitution, unless section 58 (5) of
the 1999 Constitution is complied with, renders the ‘Constitution
(First Amendment) Act 2010’ embodying such altered provisions
unconstitutional, null and void.”

The plaintiff is
seeking an order nullifying and voiding the Constitution (First
Amendment) Act 2010’ for contravening the provisions of section 58 of
the Constitution. According to Mr Agbakoba, section 58 of the 1999
Constitution is unequivocal on the mode of passing an Act of the
National Assembly and therefore, an Act does not become law unless it
gets the consent of the president.

The matter was adjourned till October 26, 2010 for hearing of all the applications and the main motion.