Home NEWS POLITICS Adoke Cautions National Assembly Against Violating Law, Democracy In Letters To Mark,...

Adoke Cautions National Assembly Against Violating Law, Democracy In Letters To Mark, Tambuwal

Bello Adoke

The Attorney General of the Federation and Minister of Justice, Bello Mohammed Adoke has written a separate letters to both the Senate and the House of Representatives asking them to stop further moves to pass the ongoing constitution amendment which he said would be in clear violation of the rule of law and democracy.

Adoke advised 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.

The minister of justice addressed the letter, signed by his lawyer, Chief Bayo Ojo (SAN) 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 titled, ‘RE: SUIT NO. SC 214/2015 ATTORNEY GENERAL OF THE FEDERATIONAND 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.

“In view of this development and the dictates of the principles of the rule of law on which any democratic system thrives, we use this medium to urge that the Supreme Court be allowed to determine the suit under reference before any further step is taken by the National Assembly on the move to pass the Fourth Alteration Act alluded to earlier in this correspondence into law.

“May we add that adopting such attitude will not only commendably be in line with the decisions of the Supreme Court on the absolute need to avoid self-help by all persons and authorities in resolving disputes, but will also yield to the rule of law as espoused in the decisions of the Courts. One of such decisions is the case of OJUKWU V. MILITARY GOVERNOR OF LAGOS STATE (1986) 1 NWLR (pt. 18) 621.

“To proceed with the process of passage into law of the Fourth Alteration Act 2015 despite the pendency of this suit under reference will be an affront to the rule of law and democracy. We are convinced, particularly from the commendable record so far of the current National Assembly that it will not do that.

“May we also use this medium to thank your Excellency and all distinguished Senators for your anticipated cooperation in abiding by the rule of law and suspending the Constitution alteration process in the circumstance.”

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. [myad]

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