The Senate resolved Thursday to write Walter Onnogen, the Chief Justice of Nigeria, CJN, to caution judges and ask them to respect the principle of separation of powers.
According to the Senate, Onnogen must caution his judicial officers of the need to defend the institutions and democracy.
The resolution of the Senate was sequel to a point of Order raised by Senator Godswill Akpabio, the Senate Minority leader, who drew the attention of the Senate to reports in the newspapers on the injunction obtained to stop the National Assembly from taking further actions on the amendment of the Electoral Act.
The Senate took the position at plenary, following the decision of an Abuja Division of the Federal High Court, which on Wednesday restrained the National Assembly from taking any further action on the Electoral Act (Amendment) Bill, 2018, which President Muhammadu Buhari declined to assent to, pending the determination of a suit filed before it by Accord Party.
Akpabio, who came under Order 42 and 52 of the Senate Standing Orders 2015 As Amended, said: “I read this report on the current situation of an injunction that was granted by the Federal High Court against the Senate or rather restraining the Senate from making further amendment into the issue of the electoral bill that was just recently vetoed by the President.
“The issue really is not the bill itself, it has to do with due process and parliamentary functions. I am worried about the separation of powers as enshrined in our constitution.
“Can the court really rule on an injunction, exparte or otherwise, to stop the parliament from carrying out its constitutional duties? I have looked through the Nigerian constitution and in my view I don’t think it is right for the court to interfere in the affairs of the parliament, particularly when we are in the process of making legislation. We cannot be stopped by an injunction.
“But, be that as it may, I believe strongly that we also do not have the power to arrest a court judgment while the proceedings are going on and because of separation of powers. It is my zeal that in order to forestall this kind of situation happening in the future, this Senate should view this matter very seriously and I would suggest that the Senate notifies and write a letter to the CJN informing him of the latest situation and remind him of the separation of powers as enshrined in the Nigerian constitution so that he would caution the judicial officers to avoid this kind of situation in the future.
“Because this simply means that through exparte motion, the courts can stop us from appropriating; the court can stop us from taking action on budget on the grounds that there is an injunction and it means for that year, Nigerians will have no budget for that year.
“Legal as it might look, it has something to do with separation of powers and this is the core democracy. Can we be stopped now from carrying out deliberations here? That is why I said I should raise it.”
Supporting the motion, Senator Ahmad Lawan, APC, Yobe North, the Senate Leader, said: “I agree completely with the fact there is separation of powers and interdependence of various arms of government. The evolution and development of our democracy is at stake here, we should through all our institutions take actions and measures that will only enhance the development of democracy and especially our presidential system.
“I believe that the matter at stake does not require any court intervention, this is democracy at work. I don’t believe in that amendment, I voted against it, I will vote against it tomorrow but it is left for me to talk to my colleagues to see it the way I see it or if you want me to abandon my position, talk to me and that is how our democracy will develop.
“I believe that the courts should hands off what we do in the National Assembly. When we finally have a law and the courts feel it is against the constitution, they can come in and interpret, I agree with minority leader and I believe that the courts should be very careful.”
An additional prayer by Senator Adamu Aliero, APC, Kebbi Central to mandate the Senate committee on Judiciary, Human Rights and Legal Matters to liaise with the CJN on the matter to express the position of the Senate was, however, rejected by the senators when it was put to voice vote.
In his remarks, Dr. Bukola Saraki, Senate President, who presided over Thursday’s plenary, reiterated the need for every arm of government to function in accordance with the principle of separation of powers.
“The issue is clear and the principle is clear: what is important is building democracy and building our institutions. We will come and go, but the institutions will remain so it is imperative that everybody must work towards sustaining the institutions. We will express our concern to the Chief Justice of Nigeria.”
Meanwhile, the legal department of the Senate has faulted the President’s claim that the amendment of the Electoral Act, which altered the electoral sequence for 2019 elections.
