Why Jonathan refused to sign the Amended Constitution

by Ranti Joseph

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President Goodluck Jonathan, yesterday, gave reasons why he refused to assent the constitution amendment bill forwarded to him by the National Assembly even as some eminent lawyers backed his decision.

Raising about 13 grounds, President Jonathan in a letter entitled: “Re: Constitution of the Federal Republic of Nigeria, Fourth Alteration Act, 2015,” questioned the capability of the National Assembly to arrogate to itself the power to pass any constitution amended without the assent of the President.

He also picked holes in whittling down the power of the President, allowing the National Judicial Council, NJC, to appoint the Attorney-General of the Federation, separating the office of the Accountant-General of the Federation from that of the Federal Government, and limiting the period when expenditure can be authorized in default of appropriation from six months to three months, among others. The President, in the letter also lamented what he termed as usurpation of powers of the executive by the legislature in the fourth alteration of the constitution.

Jonathan said that the two chambers of the National Assembly failed to meet requirements for altering Section 9 (3) of the 1999 Constitution.

“Section 4 of the Fourth Alteration Act, 2015 seeks to alter Section 9 of the 1999 Constitution by the insertion of a new subsection 3A, which dispenses with the assent of the President in the process of constitution amendment.

“However, this alteration can only be valid if the proposal was supported by votes of not less than four-fifths majority of all the members of each House of the National Assembly and approved by a resolution of the Houses of Assembly of not less than two-thirds of all the states as provided by Section 9 (3) of the 1999 Constitution.

“This is a fundamental requirement of the constitution and in the absence of credible evidence that this requirement of the constitution was met in the votes and proceedings of the National Assembly, it will be unconstitutional for me to assent to this Bill,” he explained.

Besides, the President said there were a number of provisions in the Act that altogether constitute flagrant violations of the doctrine of separation of powers enshrined in the 1999 Constitution and unjustifiably whittle down the executive powers of the federation vested in the president by virtue of Section 5 (1) of the 1999 Constitution.

Jonathan observed that the power vested in the President to withhold his assent to bills passed by the National Assembly was part of checks and balances contained in the constitution.

He said Sub-section 5a of Section 58, which provides that the bill becomes law after the expiration of 30 days in the event that the president fails to signify the withholding of his assent, may be inappropriate.

“The provision appears not to have taken cognizance of the afore-mentioned variables, the vagaries inherent in the legislative process and the wisdom in requiring two-thirds majority to override the President’s veto.

“In the light of the above, I am of the view that the failure to signify assent by the President within the prescribed period of 30 days should rather be treated as dissent, which would require two-thirds majority to override.”

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