Why I didn’t sign amended constitution – Jonathan

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.
President Jonathan in a letter entitled: “Re: Constitution of the Federal Republic of Nigeria, Fourth Alteration Act, 2015,” questioned the power the National Assembly has to arrogate to itself the power to pass any constitution amended without the assent of the President.
In the letter, 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.
“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.”
“Our recent experiences with the process of passing the Appropriation Act do not justify the reduction of six-month time limit in the constitution,” he insisted.
“It is necessary to clarify, for instance, who staffs and funds the office of Accountant- General of the Federation and from whose budget he will be paid since he serves the three tiers of government,“he stressed.
He said as desirable as the alterations were, there were some provisions that violate the doctrine of separation of powers and also negate what he called “the age-long independence and absolute discretion that the office has enjoyed for centuries since its creation in the middle ages.”
He said the first setback was that the alteration was silent on who was the Chief Law Officer of the Federation, noting: “This is a serious lacuna, which may create implementation challenges.”

Shocked by the President’s letter, the National Assembly Conference Committee, comprising members of the Constitution Review Committee in both the Senate and the House of Representatives, yesterday, began a two-day retreat to look into the bill and the attendant consequence of the president’s action. It will come out with a definite position on the issue next week.
Mark stops senators from debating President’s letter
The President’s letter was read on the floor of the Senate during plenary yesterday by the Senate President, David Mark. But he stopped Senators from debating the President’s refusal to assent to the amended bill, when some senators, led by Senator Sadiq Yar’Adua, APC, Katsina Central, raised a Point of Order, seeking permission to that effect.
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.
Shortly after the Senate President finished reading the letter, Senator Abubakar Yar’Adua, APC, Katsina Central, raised a Point of Order, seeking that the Senate be allowed to debate the President’s letter.
He 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 he 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.”
But the Senate President refused his request, saying he was earlier communicated by the Conference Committee on the Review of the 1999 Constitution, that it was holding a two-day retreat between yesterday and today, to discuss and take position on the president’s letter.
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. And if you notice, there is an announcement also by the Constitution Review Committee that they 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.”

Leading lawyers, who endorsed the president’s action were Professor Itse Sagay (SAN), Chief Emeka Ngige (SAN), Mr Festus Keyamo and Mr Kayode Ajulo.
President has minor justification—Sagay
On the controversy, Professor Itse Sagay, SAN, said though the President has a minor justification in refusing to endorse the amendment in the 1999 Constitution, some of the
sections he rejected would have been good for the country.
Sagay said: “There is the main issue of whether the President is really entitled to sign the constitution, that is the constitution could have been changed without him, that issue is not yet resolved and probably won’t be resolved until it gets to the Supreme Court because every constitutional change goes through a process of two thirds vote in the National Assembly and approval by state Houses of Assembly.
“So, it raises the question of after going through that process, is it still necessary to present it to the President for his signature. That issue is there but the way the people behave this time is as if they needed the President to vote.”
Speaking further, the legal icon said: “If you look at his reasons for refusing to endorse the amendment, his main reasons are that the executive powers are being depleted to the advantage of the National Assembly and the National Judicial Council.
“For example, he said the office of the Accountant-General was split into two. One for the federation and the other for the Federal Government. That is a very good thing. I do not know why he should be against that because the present Accountant-General of the Federation operates more as the Accountant-General of the Federal Government. It is usually unfair to other parts of the federation, that is why that position was made, it was a sensible provision.
“As for the National Judicial Council appointing the Attorney-General, I do not think it is a good idea. It is going too far because the Attorney-General exercises executive powers in the sense that he can decide to institute a criminal case and he can decide to end a criminal case. I think that should remain with the executive and not with the judiciary.
“As for meeting the provision of Section 9 (3), I do not know what he expects them (National Assembly) to meet. They have met the Two Thirds requirements. The only provision of the constitution which requires three quarter votes are those that affect human rights. These ones do not affect human rights as far as I know. I don’t see why he is complaining about Section 9(3).
All told, he has some minor justification but the bulk of what has been rejected would have been positive for the federation.”

Source;Vanguard