The disagreement between the executive
and the Senate over constitutional amendment deepened on Tuesday as the
Minister of Justice and Attorney-General of the Federation, Mr. Mohammed
Adoke, and the leadership of the Senate sang discordant tunes.
Specifically, Adoke, who is a Senior
Advocate of Nigeria, said any step that might have been taken by members
of the National Assembly on the amended constitution was of no effect.
Adoke, in an exclusive interview with our
correspondent, was reacting to media report that the National Assembly
had gazetted the controversial Fourth Alteration of the 1999
Constitution, despite the ruling of the Supreme Court that all actions
on the review of the Constitution should be suspended.
The minister’s reaction came shortly
after the Senate set in motion a process that would make the National
Assembly pass into law the Fourth Alteration Act 2015, which seeks to
amend the 1999 Constitution.
The National Assembly was said to have gazetted the document on Monday.
Adoke, however, said the action of the lawmakers was of no effect.
He added that he would refrain from taken issue with the lawmakers because the matter is a subject of an ongoing litigation.
Adoke said, “Whatever step they (the
lawmakers) have taken is of no moment in the light of the clear order of
court that status quo should be maintained.
I will not take issue with anybody and refrain from discussing it because it is sub judice.
“You cannot put something on nothing and expect it to stand. It will definitely crumble.”
But the Senate has already published the
document and members have been informed that the issue will be
exhaustively be debated upon at a closed session today (Wednesday).
President Goodluck Jonathan refused to
give his assent to the document, citing irregularities in the process
adopted by the federal parliament, among other reasons.
When the legislature protested his
action, Jonathan headed for the Supreme Court, and the apex Court, in
turn, asked the National Assembly to maintain the status quo, pending
the determination of the president’s suit before it.
But rather than wait till June 17, which
the court had fixed to start hearing on the case, the federal lawmakers
went ahead to publish the amendments.
The debate on the document could not
start on Tuesday because of the absence of many senators, including
Senate President, David Mark, at the session.
The Deputy Senate President, Ike
Ekweremadu, presided over the plenary and responded to the request of
the Senate Leader, Victor Ndoma-Egba, who sought the approval of the
members to defer the debate till today (Wednesday).
Ekweremadu said, “I request all of us to
make ourselves available tomorrow to discuss the amendments to the
constitution and be able to respond appropriately to the development.
“Please, let those who are not available
know that we will have a closed session tomorrow to discuss this item so
that we will be able to fashion out the way forward.
A principal officer in the upper chamber
told our correspondent on condition of anonymity, on Tuesday, that the
National Assembly decided to override Jonathan to save the country the
huge human and financial resources already channelled into the exercise.
The lawmakers argued that the adjournment
of the Supreme Court suit till June 18 when the lifespan of the current
7th National Assembly will end was an indication that the bill would
automatically expire and remain a wasted effort.
They, however, said they would be playing
safe if the document becomes a gazette and is approved by both chambers
because if the Supreme Court verdict favours the amendments, it
automatically becomes law.
One of the lawmakers said, “If the
Supreme Court eventually says the amendments are in order, we will know
that a law is in place. But if its rules that they are unconstitutional,
then we will abide by the ruling.”
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