News

January 12, 2011

Constitution amendment suit: N-Assembly to continue with appeal

By Innocent Anaba
LAGOS — The National Assembly, yesterday, insisted on going on with its appeal pending before the Court of Appeal, Lagos to its logical conclusion, despite  the signing of the amended Constitution into law by President Goodluck Jonathan.

It will be recalled that a  Federal High Court sitting in Lagos, had nullified the amendment of the 1999 Constitution by the National Assembly without the assent of President Goodluck Jonathan. Trial judge at the lower court was Justice Okechukwu Okeke.

But not satisfied with the judgment, the National Assembly appealed against same,  asking the appellate court to set aside the judgment of Federal High Court.

The National Assembly, through its counsel, in an application before the appellate court, yesterday, sought extension of time within which the appellant (National Assembly) may compile and transmit supplementary record of appeal.

The application is also seeking an order deeming as properly filed and served the said supplementary record of appeal and for such further order as the court may deemed fit in the circumstance.

In the application seeking an extension of time, the appellant said application was predicated on the fact that the registrar of the appeal section of the lower court who compiled the record of appeal omitted the list of additional authorities to be relied upon by the appellant.

According to the National Assembly, the further supplementary record would assist the court in arriving at a just decision.
Justice Okeke of the lower court, had in a judgement in the suit  by former President of Nigerian Bar Association, NBA, Mr Olisa Agbakoba, SAN, held that the action of the National Assembly in not sending the constitution to the President for assent was illegal, null and void.

Okeke held that the passage of the first amendment Act by  the lawmakers could not become law and operational without the President’s assent.