National Assembly Set To Override President Jonathan’s Veto

The approach to National Assembly complex

The Senate is holding a retreat where it will decide whether to override President Goodluck Jonathan’s veto on the Constitution Amendment Bill which he returned to the National Assembly yesterday.

President Goodluck Jonathan had, in a letter dated April 13, 2015, addressed to the Senate president and speaker of the House of Representatives, conveyed his decision to withhold assent to the amendments to the constitution for, among other things, violating the principle of separation of powers.

The Nation report continues:

In reaction, the Senate immediately announced that the Senate Ad hoc Committee on Constitution Review, led by the deputy Senate president, Ike Ekweremadu, was going on a two-day retreat from Wednesday (yesterday) to today where its members will deliberate and decide whether to override the president’s veto.

The constitution provides that two-thirds of each House must give approval before the veto of the president can be overridden.

President Jonathan, among other things, cited some constitutional breaches in the amendment, saying some parts negate the principle of separation of powers.

He also queried whether the four-fifth majority approval of all members of each House of the National Assembly and approved by a resolution of the House of Assembly of not less than two-thirds of all the state legislature, was attained.

In the House of Representatives, the letter was also read during plenary by the speaker, Hon Aminu Tambuwal, but no further action was taken on it.

Some of areas President Jonathan cited as reasons for withholding assent to the amendments for, according to him, not satisfying the strict requirements of Section 9(3) of the 1999 Constitution, include:

• The decision of the National Assembly to tamper with the principle of separation of powers by whittling down some executive powers of the president by giving executive powers and duties to the legislature and judiciary. Trustworthiness
• Section 4, which seeks to dispense with presidential assent in the process of constitution amendment, can only be valid if it was supported by a resolution of not less than 2/3rd of the states as provided by section 9 (3). The president expressed concern whether the National Assembly met with this requirement or passed it by a mere voice vote.
• Section 12 of the amendment bill which provides for free basic education in Nigeria did not specify if it excludes private schools, hence the need for the provisions to be redrafted to restrict the enjoyment of the rights to government schools.
• Section 45b, which guarantees unqualified right to free primary and maternal care services, implies that private institutions will be obliged under the constitution to offer free medical services since it is a right. The president believes this is impracticable.
• Reduction of the 60 days allowed for the president to give assent to a bill to 30 days
• Limiting expenditure in default of appropriation from 6 months to 3 months
• Ambiguity in the creation of the Office of Accountant-General of the Federation from the Accountant General of the Federal Government with regards to funding and other related issues.
• Reducing the powers of the president by empowering the National Economic Council to appoint the accountant-general of the federation instead of the president
• Removing the president’s power to appoint the attorney-general of the federation by providing that the National Judicial Council (NJC) be empowered to do the appointment.
• Whittling down the discretionary powers of the attorney-general of the federation.

The president concluded, “In view of the foregoing and the absence of credible evidence that the Act satisfied the strict requirements of section 9 (3) of the 1999 constitution, it will be unconstitutional for me to assent to the constitution of Nigeria (fourth amendment) Act, 2015.

“I therefore withhold my assent and accordingly remit it to the Senate of the Federal Republic of Nigeria.”