The senate on Thursday resolved to write a letter to Walter Onnoghen, chief justice of Nigeria (CJN), to inform him of its position on the court order that restrained the national assembly from further actions on the electoral act.
On Wednesday, a federal high court in Abuja gave the order in a suit filed by Accord Party.
The party is challenging the constitutionality of the amendment to the electoral act.
Moving a motion on the floor of the senate, Godswill Akpabio, senate minority leader, wondered if a court injunction could stop the national assembly from carrying out its constitutional functions.
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The minority leader said the matter should be taken “very seriously” to forestall reoccurrence of its nature in future.
“The issue really is not the bill itself, it has to do with due process and parliamentary functions. I am worried about the situation of powers as enshrined in our constitution,” he said.
“Can the court really rule an injunction, expatriate 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.
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“But be that as it may, I believe strongly that we also do not have the power to arrest a court judgement while the proceedings are going on and because of separation of powers.”
The restraining order will expire on March 17.
After Akpabio’s submission, the senate resolve to send a letter to the CJN.
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