The Federal Government through the Attorney-General of the Federation, Mr. Mohammed Adoke, has asked the Supreme Court to grant an interlocutory injunction restraining the National Assembly from going ahead with the constitution amendment.
The AGF had last Wednesday written separate letters to the Senate President, David Mark, and Speaker of the House of Representatives, Aminu Tambuwal, asking them to stop the constitution amendment in deference to the suit challenging the process.
The AGF’s lawyer, Chief Bayo Ojo, maintained in his 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.”
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.
The AGF had filed the 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.
In his 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.
The plaintiff filed his application for interlocutory injunction, through his counsel, Chief Bayo Ojo (SAN), in view of the determination of the National Assembly to proceed with the amendment despite the pending suit.
He anchored the application on provisions of Order 3 Rule 14 of the Supreme Court Rules as amended.
The AGF argued in the application that the National Assembly was determined to proceed with passing the amendment by overriding the President’s assent despite the fundamental nature of the issues raised against the passage of the bill.