A day after he asked the Supreme Court to declare unconstitutional the Fourth Alteration to the Constitution, President Goodluck Jonathan yesterday reached out to the National Assembly, urging it to await the outcome of his case before the apex court.
Jonatthan’s position is contained in a letter by a former Attorney-General of the Federation (AGF), Bayo Ojo (SAN), through whom incumbent AGF Mohammed Adoke (SAN) filed the case for Jonathan.
Ojo, in the April 22 letter, written on behalf of the Federal Government, asked the Senate President to allow the Supreme Court to determine the issues raised in the suit before the court.
The letter, a copy of which The Nation obtained yesterday in Abuja, reads: “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.”
The Federal Government is asking the court to nullify the amendments proposed by the National Assembly on the grounds, among others, that the amendments would violate the constitution being proposed to be amended.