By Innocent Anaba
LAGOS—AS the National Assembly prepares to further amend the 1999 Constitution to accommodate the time extension sought by the Independent National Electoral Commission, INEC, for the review of voters register and conduct of the 2011 general elections, a Federal High Court sitting in Lagos, yesterday, ordered the federal lawmakers to maintain status-quo on their plans.

The National Assembly had assured Nigerians, following the time extension sought by INEC, that a further constitutional amendment would be carried out and completed within a month, so as not to create a constitutional crisis in the country.

Trial judge in the matter, Justice Okechukwu Okeke, gave the order at the resumed hearing in the suit by Mr. Olisa Agbakoba, SAN, former President of the Nigerian Bar Association, NBA.

Agbakoba is contending that the failure of President Jonathan Goodluck to assent to the amended 1999 constitution, renders the document illegal.

Ruling on application

Ruling on an application for status quo to be maintained, so as not to destroy the subject matter in the suit, which is the amended constitution, Justice Okeke said: “I have taken cognizance of the counsel to the plaintiff that the National Assembly is making moves to further amend the subject matter before the court.

“The National Assembly counsel has reposited that there are no such moves but conceded that while the matter is pending, his client have no power to take further steps.

Be that as it may, it is hereby ordered that parties should maintain status quo. No party must take further steps in respect of the subject matter.”

Agbakoba’s counsel had told the court at the hearing of the matter, that while the suit was pending, the respondents had continued to carry into effect provisions of the disputed legislation in defiance of court process and exposing the “res” of the suit to dissipation.

Arguing that the implementation of provisions of the Constitution (First Amended) Act 2010, violates provisions of the constitution which prohibits unconstitutional governance in Nigeria, Agbakoba prayed the court to ask all parties in the suit to maintain status quo.

Counsel to the National Assembly, denied the allegation, contending  that it was not correct that the National Assembly had continued to carry out the process of further amending the constitution.

He argued: “I am aware that when parties are in court, status quo has to be maintained and the National Assembly is doing everything to maintain status quo to show regard to the majesty of the court.”

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, adding “we shall obey which ever order the court gives on this matter.”

Agbakoba is asking 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.

While urging the court to nullify the amendments on the grounds that the National Assembly had contravened section 58 of the 1999 Constitution, he further asked the court to hold that in view of provisions of section 58 (1) of the 1999 Constitution, the assent of the President was a prerequisite before the amendments can become law.

Agbakoba said: “Unless the assent of the President is overridden in pursuant to section 58 (5) of the constitution, Jonathan’s assent is sacrosanct before the amendments become law.”

He wants the court to declare that the exclusion by the first defendant (National Assembly) of the assent of the President 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.”