President of the Nigerian Bar Association (NBA) J. B Daudu SAN who spoke to Daily Trust on the ruling of the Federal High Court sitting in Lagos which declared the amendments to the 1999 constitution null and void without the president’s assent said that the judgment was right and in line with the NBA’s position, adding that the decision will sanitize the constitutional amendment process.

J. B Daudu mentioned that all the amendment to the 1999 constitution was being done on quick sand, saying that the NASS should retrace their steps and get the presidential assent.

He said that most part of the 2010 Electoral Act will be null and void because most part of it was based on the amendment. He however noted that those parts of the 2010 Electoral Act that does not run in a collision course with the 1999 constitution will not be affected.

“NBA stands for the Rule of Law and supports any process that enthrones constitutionality of laws and due process. The judgment at least as at today is correct until disturbed by a higher court. The NBA however cautioned that time is a scare commodity viz a vis the electoral time table for the 2011general elections. In that regard, although parties have an undoubted right of appeal against decisions that did not go in their favor, the country can ill afford to bask in the luxury of that exercise. In the overall interest of the nation, once the present exercise of amendment is concluded, it should be sent to the president for assent, after elections legal battle may resume,” he said.

Emmanuel Sani Toro SAN, chairman of the Senior Advocates from the North in his swift reaction said during a telephone interview with our correspondent yesterday that with this judgment, the country will now have to revert back to the 1999 Constitution of the Federal Republic of Nigeria (CFRN) as well as the 2006 Electoral Act.

According to him, since the mother amendment has been nullified, we have to go back to the status quo, adding that any subsequent amendment to the 1999 CFRN cannot stand.

‘It also means that all those amendment to the electoral act are endangered because they are predicated on the amendment to the 1999 CFRN. I hope the National Assembly would fast-track the appeal to the Supreme Court so that we can have a final say on the matter,” he said.