20101109
africanews

A Federal High Court in Lagos, South West Nigeria ruled that the recent amendments made on the 1999 Constitution by the National Assembly cannot become law and operational without the assent of the President. Justice Okechukwu Okeke consequently declared the 2010 Constitution Amendment Act null and void.

Former President of the Nigerian Bar Association, NBA, Mr. Olisa Agbakoba, SAN, had challenged the refusal of the National Assembly to forward the amended Constitution to the President for his assent.

Delivering judgment Monday, the court held that the amended Constitution would remain void until it was sent to President Goodluck Jonathan for his assent.

The lawmakers had earlier claimed that President Jonathan’s assent was not required before the amendment to the constitution can become operational.

Lawmakers' stand

Nigeria’s National Assembly insisted that it would appeal against the ruling. It relied on the fact that the Federal High Court was not the highest court in the country. This means the Supreme Court would now have to hear the case.

The National Assembly had filed a preliminary objection to the suit. It had argued that only the Attorney General of the Federation, AGF, was empowered under the law to institute such suit.