Wednesday 15 April 2015

Jonathan's Letter On Constitution Amendment Shocks Senate

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.
--PUNCH

No comments:

Post a Comment