Nigerian President, Goodluck Jonathan’s letter to
the National Assembly rejecting amendments to the 1999 Constitution was
received with shock by some members who openly expressed surprise at the
reasons given by the President to veto the bill.
the National Assembly rejecting amendments to the 1999 Constitution was
received with shock by some members who openly expressed surprise at the
reasons given by the President to veto the bill.
The letter was read on the floor of Senate on Wednesday by the Senate President, David Mark.
Consequently, the Chairman, Senate
Committee on the Review of the 1999 Constitution (4th Alteration Bill
2015), Senator Ike Ekweremadu, announced that his members would hold a
two-day retreat to review the development. The retreat, which started on
Wednesday, would end on Thursday (today).
Committee on the Review of the 1999 Constitution (4th Alteration Bill
2015), Senator Ike Ekweremadu, announced that his members would hold a
two-day retreat to review the development. The retreat, which started on
Wednesday, would end on Thursday (today).
Efforts by members to subject Jonathan’s
letter to debate were frustrated by the Senate President who said there
was the need for them to have a copy of the letter each before they
would be able to make meaningful contribution.
letter to debate were frustrated by the Senate President who said there
was the need for them to have a copy of the letter each before they
would be able to make meaningful contribution.
But Senator Abubakar Yar’Adua (Katsina
Central) raised a point of order and insisted that the issue be
discussed because of the serious fundamental issues raised by Jonathan
which affected the integrity of the National Assembly.
Central) raised a point of order and insisted that the issue be
discussed because of the serious fundamental issues raised by Jonathan
which affected the integrity of the National Assembly.
Yar’Adua said, “I think it is important
for us to discuss that letter and see whether there is need for us to
consider the letter or not.
for us to discuss that letter and see whether there is need for us to
consider the letter or not.
“I think the President has raised very
serious fundamental issues, especially in terms of our conscience as
lawmakers and his own position as the chief executive officer of the
Federal Republic of Nigeria. That is why I am raising this point or
order.”
serious fundamental issues, especially in terms of our conscience as
lawmakers and his own position as the chief executive officer of the
Federal Republic of Nigeria. That is why I am raising this point or
order.”
Although Mark agreed with Yar’Adua that
the letter should be extensively discussed, he maintained that the
debate could only make meaning after members would have studied the
letter.
the letter should be extensively discussed, he maintained that the
debate could only make meaning after members would have studied the
letter.
Mark said, “Obviously, this letter is not
like any other normal letter. We can’t discuss the letter unless you
have a copy of it. So, the first reaction is for me to make copies
available to everybody so that you can go and study it.”
like any other normal letter. We can’t discuss the letter unless you
have a copy of it. So, the first reaction is for me to make copies
available to everybody so that you can go and study it.”
One of our correspondents observed that
the members had started the retreat and would come up with their
position which would also enable the Senate to take appropriate action
on the issue.
the members had started the retreat and would come up with their
position which would also enable the Senate to take appropriate action
on the issue.
Jonathan had, in the letter, said he
would not assent to the amendments because they did not satisfy the
requirements of Section 9(3) of the 1999 Constitution.
would not assent to the amendments because they did not satisfy the
requirements of Section 9(3) of the 1999 Constitution.
He queried the decision of the National Assembly to whittle down some executive powers of the President.
He also faulted some amendments which would give executive powers and duties to the legislature and the judiciary.
Jonathan made his position known in a
seven-page letter to the Senate President and House of Representatives
Speaker, Aminu Tambuwal.
seven-page letter to the Senate President and House of Representatives
Speaker, Aminu Tambuwal.
The President listed 12 errors in the amendments.
They are non-compliance with the
threshold specified in Section 9(3) of the 1999 Constitution on
amendments and the fact alteration to constitution cannot be valid with
mere voice votes unless supported by the votes of not less than
four-fifths majority all the members of the National Assembly and
two-thirds of all the 36 State Houses of Assembly.
threshold specified in Section 9(3) of the 1999 Constitution on
amendments and the fact alteration to constitution cannot be valid with
mere voice votes unless supported by the votes of not less than
four-fifths majority all the members of the National Assembly and
two-thirds of all the 36 State Houses of Assembly.
Others are imposition of right to free
basic education and primary and maternal care services on private
institutions; flagrant violation of the doctrine of separation of
powers; and the whittling down of the Executive powers of the Federation
vested in the President by virtue of Section 5(1) of the 1999
Constitution; and 30 days allowed for assent of the President.
basic education and primary and maternal care services on private
institutions; flagrant violation of the doctrine of separation of
powers; and the whittling down of the Executive powers of the Federation
vested in the President by virtue of Section 5(1) of the 1999
Constitution; and 30 days allowed for assent of the President.
The President also faulted the limiting
of expenditure in default of appropriation from six months to three
months; and creation of the Office of Accountant-General of the
Federation distinct from the Accountant General of the Federal
Government.
of expenditure in default of appropriation from six months to three
months; and creation of the Office of Accountant-General of the
Federation distinct from the Accountant General of the Federal
Government.
The rest are empowering the National
Economic Council to appoint the Accountant-General of the Federation
instead of the President; allowing National Judicial Council to appoint
the Attorney-General of the Federation rather than the President; and
the whittling down of the discretionary powers of the Attorney-General
of the Federation.
Economic Council to appoint the Accountant-General of the Federation
instead of the President; allowing National Judicial Council to appoint
the Attorney-General of the Federation rather than the President; and
the whittling down of the discretionary powers of the Attorney-General
of the Federation.
The President said he had no choice than
to veto the amendments to the Constitution as forwarded to him by the
National Assembly.
to veto the amendments to the Constitution as forwarded to him by the
National Assembly.
He said, “In view of the foregoing and
absence of credible evidence that the Constitution of the Federal
Republic of Nigeria (Fourth Alteration) Act 2015 satisfied the strict
requirements of Section 9(3) of the 1999 constitution, it will be
unconstitutional for me to assent to it.
absence of credible evidence that the Constitution of the Federal
Republic of Nigeria (Fourth Alteration) Act 2015 satisfied the strict
requirements of Section 9(3) of the 1999 constitution, it will be
unconstitutional for me to assent to it.
“I therefore withhold my assent and
accordingly remit Constitution of the Federal Republic of Nigeria
(Fourth Alteration) Act 2015 to the Senate /House of Representatives of
the Federal Republic of Nigeria.”
accordingly remit Constitution of the Federal Republic of Nigeria
(Fourth Alteration) Act 2015 to the Senate /House of Representatives of
the Federal Republic of Nigeria.”
Jonathan also queried the limitation of
the power of the President to withhold assent to bills to 30 days. He
said 30 days might not be sufficient for a President to go through such
bills.
the power of the President to withhold assent to bills to 30 days. He
said 30 days might not be sufficient for a President to go through such
bills.
The President disagreed with the
lawmakers for restricting the President’s right to spend funds in
default of appropriation to three months instead of six months.
lawmakers for restricting the President’s right to spend funds in
default of appropriation to three months instead of six months.
He said the amendment by the lawmakers
did not take into cognisance unforeseen circumstances the nation might
go through any time.
did not take into cognisance unforeseen circumstances the nation might
go through any time.
Also, the principal officers of the House
of Representatives admitted on Wednesday that President Jonathan raised
fundamental issues in his refusal to assent to the bill on the Fourth
Amendment to the 1999 Constitution.
of Representatives admitted on Wednesday that President Jonathan raised
fundamental issues in his refusal to assent to the bill on the Fourth
Amendment to the 1999 Constitution.
Two key House officials, one each for the
Peoples Democratic Party caucus and the All Progressives Congress
caucus, told The PUNCH that the rejected bill would be referred to the
Ad Hoc Committee on Constitution Review to examine Jonathan’s position
and report back to the House.
Peoples Democratic Party caucus and the All Progressives Congress
caucus, told The PUNCH that the rejected bill would be referred to the
Ad Hoc Committee on Constitution Review to examine Jonathan’s position
and report back to the House.
They spoke after Tambuwal had read the
letter to members on Wednesday, the second day after they reconvened in
Abuja on Tuesday from their election recess.
letter to members on Wednesday, the second day after they reconvened in
Abuja on Tuesday from their election recess.
The Deputy House Majority Leader, Mr. Leo
Ogor, said there was no “harm” in the President making his observations
on a proposed law, as doing so was the “essence of democracy.”
Ogor, said there was no “harm” in the President making his observations
on a proposed law, as doing so was the “essence of democracy.”
He added, “However, much as making his
observations does not mean that Mr. President is right, we shall subject
his views to work.”
observations does not mean that Mr. President is right, we shall subject
his views to work.”
Ogor claimed that the National Assembly
could still examine the President’s arguments and further amend the bill
for his assent before the expiration of the current legislature.
could still examine the President’s arguments and further amend the bill
for his assent before the expiration of the current legislature.
The tenure of the current legislature
will expire on June 5 for its full cycle, though the National Assembly
too will wind down on May 28.
will expire on June 5 for its full cycle, though the National Assembly
too will wind down on May 28.
The House Minority Whip, Mr. Sampson
Osagie, who agreed with Ogor’s submission, noted that the power of the
President to withhold assent to a bill was guaranteed by the same
constitution.
Osagie, who agreed with Ogor’s submission, noted that the power of the
President to withhold assent to a bill was guaranteed by the same
constitution.
