A civil society organisation, the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has announced its intention to file a lawsuit at the Federal High Court contesting the recently enacted National Anthem Act, 2024.
This legislation, signed into law on Tuesday by President Bola Tinubu, reinstates the former national anthem, ‘Nigeria, We Hail Thee’.
In a statement issued on Friday, ALDRAP, composed of legal practitioners, argued that the enactment of the law did not comply with the necessary constitutional requirements, rendering it unconstitutional.
The statement, signed by the association’s Secretary, Tonye Jaja, outlined several grounds for the legal challenge.
“The lawsuit would be challenging the National Anthem Act, 2024, because of the following reasons,” the statement read.
“No public hearing was held before the said legislation was enacted as required under Section 60 of the 1999 Nigerian Constitution.
Members of the public were not invited to make their contributions, as was done when the other National Anthem was enacted in the year 1978.
There was no letter of transmission of the said Bill from the President to the President of the Senate and the Speaker of the House of Representatives, National Assembly.”
Additionally, ALDRAP pointed out financial impracticalities associated with the new anthem.
“The expenditures associated with the National Anthem Act, 2024, are not captured in the Budget of the Federal Republic of Nigeria Act, 2024, as can be attested to by the Accountant-General of the Federation and therefore the said National Anthem Act, 2024, should be declared illegal,” the statement continued.
The group highlighted the potential financial strain on citizens, noting that the implementation costs, including man-hours and updating official documents, would be too high without a corresponding increase in income.
“The financial burden of implementing the new national anthem would include costs such as man-hours, updating official documents, and other related expenses,” ALDRAP noted.
Citing the case of Attorney-General of Bendel State vs. Attorney-General of the Federation (1981), ALDRAP stated, “Any law that fails to comply with each stage of the legislative procedures of lawmaking as prescribed under the 1999 Nigerian Constitution, would be declared null and void and of no effect.”
The respondents in the case include the President of the Federal Republic of Nigeria, the President of the Senate, the Speaker of the House of Representatives, and several other government officials.
President Tinubu signed the National Anthem Act, 2024, into law on May 29, effectively reinstating ‘Nigeria, We Hail Thee’ as the country’s official national anthem.
