By Henry Omunu
The National Democratic Party (NDP) has faulted the process of amending the 1999 Constitution and asked President Goodluck Jonathan, and the leadership of the National Assembly to seek the Supreme Court's interpretation of how the constitution can be amended.
NDP National Chairman, Prince Chudi Chukwuani in a July 30 letter to the President, sought for an urgent judicial guidance from the apex court on what constitutes the due process of making laws in Nigeria and in amending the constitution.
Prince Chukwuani described as illegal and unconstitutional the purported unilateral declaration by the leadership of the National Assembly that the constitution has been amended, asserting that the Supreme Court pronouncement shall be made for the benefit of Nigerians.
There has been a brewing controversy over whether President Jonathan should assent to the amendments to the constitution before they come into effect or not with the leadership of the National Assembly, saying the assent of the President is not required.
Also, former President of the Nigeria Bar Association, Mr.Olisa Agbakoba (SAN) through his lawyer, Mr. Chijioke Ogham-Emeka has commenced legal proceedings to stop the Constitution (First Amendment Act 2010) passed by the National Assembly from taking effect unless it is signed into law by President Jonathan.
The NDP national chairman in arguing that due process was not followed in the amendment of the constitution by the National Assembly, said the judiciary should not remain silent as to the proper legal due process of law to be followed in amending the constitution.
"The said silence and lack of judicial guidance is erroneously being misinterpreted by the ordinary Nigerian citizenry to purport a grand conspiracy of silence against the 1999 Constitution and the general interest of Nigeria," Chukwuani said.
He explained in the letter that sections 5 (1) (a) & (b), 6 (c) & (d), 9 (2), 12 (3) and 58 (2) & (3) of the 1999 Constitution as well as the Interpretation Act Cap.192 laws of the Federation, clearly establishes the processes to be followed in amending the constitution.
Chukwuani stated that no bill becomes a law without passage by the National Assembly and assent by the President, and that for any law to be binding, that law shall be passed by the National Assembly, and thereafter the harmonised version shall be assented to by the President within 30 days of its presentation failing which the National Assembly with a two-third majority over-ride the President's veto.
"An Act passed by the National Assembly cannot become law in parts but in whole. No person(s) or authority can selectively extract the parts or sections of a whole Act passed by the National Assembly and make those selected sections or parts law.
"The purported Act of the National Assembly sent to the 36 states Houses of Assembly did not comply with the due process of law and is therefore unconstitutional, illegal and of no legal effect," the NDP national chairman said.
Prince Chukwuani's letter was copied to Senate President David Mark, Speaker Dimeji Bankole and the Chief Justice of the Federation, Justice Aloysius Katsina-Alu.
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