The Executive Arm of the Federal Government has asked the Supreme Court to nullify the passage of the proposed amendment of the constitution by the National Assembly.

President Goodluck Jonathan had refused to assent to the 4th Alteration Bill of the Constitution on the grounds that its passage by the National Assembly did not meet the mandatory provisions of the constitution itself.

The Executive, through the Attorney-General of the Federation, Mr. Mohammed Adoke, instituted the fresh suit, SC/214/2015, following the threat by the National Assembly to override the President’s veto.

The AGF, who is the only plaintiff in the suit, wants the apex court to declare the passage as unconstitutional as it was not passed by at least four-fifths majority of all members of each arm of the National Assembly as specified in sections 48 and 49 of the Constitution.

A supporting affidavit deposed to by a lawyer, Theophilus Okwute, also argued that the proposed amendment contained many provisions which contravened the spirit of federalism in operation in the country.

Okwute is of the law firm of the plaintiff’s counsel, Chief Bayo Ojo, who is also a former AGF and Minister of Justice.

The case being a constitutional issue between two arms of the Federal Government was commenced at the Supreme Court.

No date has been fixed for the hearing of the suit.

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