Jonathan’s 11th hour veto

The president maintained that the Act contained many proposed amendments that he said were inconsistent with the spirit of federalism, separation of powers and checks and balances which he said constitute the hallmarks of constitutionalism and democracy.The president’s action followed his earlier one of returning the document, unsigned, to the National Assembly.  He gave reasons […]

The president maintained that the Act contained many proposed amendments that he said were inconsistent with the spirit of federalism, separation of powers and checks and balances which he said constitute the hallmarks of constitutionalism and democracy.
The president’s action followed his earlier one of returning the document, unsigned, to the National Assembly.  He gave reasons for his refusal to give assent, which took lawmakers over two years-and spending from a budget of over 1 billion naira– to put together.  The legislators have threatened to override what is a de facto presidential veto after 30 days, but this now has to be on hold until the apex court gives its decision.   
In the letter to Senate President and Speaker of the House of Repre-sentatives, Jonathan questioned the power of the National Assembly to pass any amendment to the Constitution without the assent of the president.  He also said that the legislature unconstitutionally whittled down presidential powers and distributed some of them to the National Assembly and the Judiciary. He said the two chambers of the National Assembly also 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 said.
The president also said there were a number of provisions in the Act that constituted flagrant violation of the doctrine of separation of powers enshrined in the 1999 Constitution.
He said sub-section 5a of Section 58, which provides that the bill becomes law after the expiration of 30 days in the event that the president failed to signify the withholding of his assent, might be inappropriate.
Jonathan faulted Section 84a that creates Office of Accountant General of the Federation distinct from the Accountant General of the Federal Government, saying it did not address the funding requirements for its establishment. He said it was wrong of the National Assembly separate the Office of the Attorney General of the Federation from the Minister of Justice and the Attorney General from the Commissioner for Justice in the respective states of the federation and also providing for independence of the Office of Attorney General by guaranteeing tenure and funding.  As much as some of the amendments are desirable, it is important to address the president’s concerns, especially where funding is involved.
Some of the proposed amendments have merit, like separating the functions of the Attorney General and that of the Minister/Commissioner for Justice. But to lump all the proposals and call them a violation of the spirit of federalism is akin to throwing the baby with the bathwater, years of public hearings done in vain.  
Without prejudice to what the Supreme Court may come up with, the danger is real that with just over a month to the expiration of the current National Assembly, the Constitution amendment process would have been an exercise in futility.  Jonathan had months to make up his mind; his action now in the twilight of the administration leaves much to be desired.