A Federal High Court in Abuja has dismissed a suit filed by 23 civil society organisations (CSOs) challenging the constitutionality of the decision by the House of Representatives to consider Bills seeking to regulate the activities of non-governmental organisations (NGOs) in the country.

The Bills are: HB111 – NGO Regulatory Bill, sponsored by Honourable Duro Faseyi on October 20, 2015; HB585 – NGO Regulatory Bill, sponsored by Honourable Umar Buba Jubril, and HB705 – Civil Society Committee of Nigeria Bill, sponsored by Hon Duoye Diri on June 15, 2016.

The 23 CSOs, led by the Human Rights Agenda Network (HRAN) had, in the suit marked: FHC/ABJ/CS/1069/2017 argued among others, that the Bills violated their constitutionally guaranteed fundamental rights including the rights to associate, to assemble and not to be discriminated against.

The suit had the Speaker of the House of Reps and the Clerk of the National Assembly as defendants.

In a judgment delivered on May 15 this year, a copy of which The Nation sighted on Sunday, Justice Inyang Ekwo upheld the defendants’ argument that the court lacked the jurisdiction to hear the case.

Justice Ekwo held that there was no cause of action against the defendants, because the suit is premature.

He proceeded to dismiss the suit on the grounds that the House of Reps was only performing its constitutional duties by considering the Bills.

Justice Ekwo said: “Where the Legislature is considering a Bill of any nature, it is engaging in its constitutional role of making laws and no other arm of government can interfere.

“The argument of the plaintiffs that they do not have to wait for the Bill to be passed into law before they can apply to the court for redress does not represent the correct jurisprudence in
the circumstances of this case.

“The argument that the provision of Order II Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules gives right of action where fundamental rights is being or is likely to be infringed is also not a good argument in the circumstances of this case.

“I am unable to see where the process of law making by the Legislature can be stretched to mean that such process has infringed or is likely to infringe on the fundamental rights of the plaintiffs.

“It would have been a plausible argument if the plaintiffs’ case is that the Legislature was engaged in any other action, which is not law making process.

“In this case, it can not be said that the consideration of a Bill in the Legislature is ultra vires the constitutional function of the Legislature, in which case, the court can intervene by making requisite pronouncement.

“If I may say, a Bill does not have life even if passed into law unless and until it receives the assent of the President, pursuant to the provisions of the Acts Authentication Act.

“However the claim of a litigant is crafted, this court would not interfere in the constitutional function of the National Assembly to make law.

“Such interference will break down the constitutional demarcation embedded in the doctrine of separation of power and would in turn, open the floodgate of abuse of the doctrine.

“In other words, the right to challenge the constitutionality of a law cannot be equated with or turned to a right to challenge a Bill which is yet to acquire the characteristics of a law.

“On the whole, I hold that this suit is premature and this court lacks jurisdiction to interfere in the constitutional duty of the National Assembly to make laws,” the judge said.

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