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.