President Goodluck Jonathan's letter to the National
Assembly, rejecting amendments to the 1999
Constitution, which was read on the floor of Senate on
Wednesday by Senate President, David Mark, was
received with shock by some members, who openly
expressed surprise at the reasons why the President
vetoed the bill.
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 from Wednesday to Thursday to review
the development.
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.
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.
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.
"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."
Although Mark agreed with Yar'Adua that the letter
should be extensively discussed, he maintained that the
debate could only be meaningful after members would
have studied the letter at home.
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 and you go and study it.
"If you notice that there is an announcement also by the
Constitution Review Committee that they(members) are
going to meet. So, that will straight away go to them. I
agree with you that weighty issues have been raised.
It's a peculiar case; so everybody will be involved."
Our correspondent observed that the members had
started the retreat and will 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 strict
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 of
the Federal Republic of Nigeria.
He also faulted some amendments which will give
Executive powers and duties to the Legislature and the
Judiciary.
Jonathan made his position known in a seven-page
letter to Senate President David Mark 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;•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.
Others are, the 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;• and 30 days allowed for assent of the
President.
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