In spite of a federal high court order restraining the National Assembly from amending the 1999 Constitution, the Senate has said it could not be stopped from performing its functions.
Justice Okechukwu Okeke of the Federal High Court, Lagos, had on Wednesday barred the lawmakers from amending the constitution.
The amendment became necessary to allow INEC more time to prepare for the 2011 elections.
Former President of the Nigerian Bar Association Olisa Agbakoba instituted the case before the court, asking it to restrain the respondents from further amending, reviewing or altering the provisions of the constitution in any manner, pending the determination of the suit.
It is hereby ordered that parties should maintain the status quo. No party must take further steps in respect of the subject matter,” the judge ordered.
Agbakoba is challenging the propriety of the lawmakers’ claim that the assent of President Goodluck Jonathan is not required on the amended constitution before it can become a law.
The lawyer, in the originating summons filed by his counsel, Chijioke Emeka, is also asking the court to hold that the “Constitution (First Amendment) Act 2010” passed by the National Assembly cannot take effect as a law without the assent of the president.
The senior advocate further contended that the exercise by the lawmakers without the assent of the president was illegal and unconstitutional.
He urged the court to nullify the amendments on the grounds that the National Assembly had contravened the 1999 Constitution.
Briefing newsmen, the Chairman of the Senate Committee on Constitutional Review, Sen. Ike Ekweremadu, said no court could stop the institution from carrying out its legislative function of law making.
He said what the court meant by its order that the status quo be maintained ``is that the amended constitution which is already published remains operational.
As long as the constitutional powers of making law is concerned, it is a settled issue at the Supreme Court that the courts cannot interfere in the legislative functions of the National Assembly,’’ Ekweremadu said.
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