Senate fails to override Jonathan’s veto

‎The senate on Tuesday deferred the process of overriding the veto of President Goodluck Jonathan on the 2015 constitution amendment bill.

The bill which has been gazetted as the “Constitution of the Federal Republic of Nigeria (fourth alteration) Bill 2015” was slated to be read on the floor of the upper chamber a first time, but Ike Ekweremadu (pictured), deputy senate president, who presided over the proceedings, deferred the process.

Although, the bill has been gazetted, it has not become law owing to the reason that matters relating to it are in court, and because it requires other legislative treatment.

Last week, the Supreme Court had directed the national assembly to desist from taking further action on the 2015 constitution amendment bill.

A seven-man panel of justices of the apex court  had ruled‎ that the national assembly and the federal government maintain the status quo on the matter until June 18.

But it appears the 7th senate will not stop legislative treatment on the‎ bill.

In April, President Goodluck Jonathan approached the supreme court to void any attempt of the national assembly to pass into law the 2015 constitution amendment bill‎.

Jonathan rejected amendments made by the national assembly to the 1999 constitution, citing 12 errors in the amendment bill.

In suit SC/214/2015 filed at the supreme court by Mohammed Adoke, attorney general of the federation, the federal government argued that the bill was not passed by four-fifths of the two chambers of the national assembly as stipulated in sections 48 and 49 of the Nigerian constitution.

The 2015 constitution amendment bill which made provisions for independent candidature  as well as the separation‎ of the office of the attorney-general of the federation from office of the minister of justice was passed by the national assembly in February.

The bill also had a provision which stripped the president of the powers to assent to constitution amendment bills‎.

In a letter to David Mark‎, senate president, and Aminu Tambuwal, speaker of the house of representatives, read on the floor of the senate, Jonathan stated that he was withholding his assent to the bill owing to the reason that it was against the provision of section 9(3) of the constitution of the federal republic of Nigeria.

The president outlined errors inherent in the bill thus:

• Non-compliance with the threshold specified in Section 9(3) of the 1999 Constitution on amendments;
• Alteration to constitution cannot be valid with mere voice votes unless supported by the votes of not less than four-fifths majority all members of National Assembly and two-thirds of all the 36 State Houses of Assembly;
• Right to free basic education and primary and maternal care services imposed on private institutions
• Flagrant violation of the doctrine of separation of powers,
• Unjustified whittling down of the Executive powers of the Federation vested in the President by virtue of Section 5(1) of the 1999 Constitution;
• 30 days allowed for assent of the President; and
• Limiting expenditure in default of appropriation from 6months to three months
• The others are creation of the office of accountant-general of the federation distinct from the accountant general of the federal government
• Empowering National Economic Council to appoint the Accountant-General of the Federation instead of the President;
• Allowing NJC to now appoint the Attorney-General of the Federation rather than the President;
• Unwittingly whittling down the discretionary powers of the Attorney-General of the Federation.

“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,” he said.