ABUJA – In what looks like a shock from serious dents dealt on their work by the presidency, the National Assembly yesterday, shortened its sitting to allow for its Committees on Constitution Review study cases involved and report back accordingly, for further necessary legislative action.
The NASS had expended over N1 billion as provided in the Budget 2014, putting together a Bill for the 4th Alteration Act, 2015 of the Constitution of the Federal Republic of Nigeria.  It was later forwarded to President Goodluck Jonathan for his assent after the 36 State Houses of Assembly had concord.
However, in his letter to Senate President David Mark and Speaker Aminu Tambuwal of the House of Representatives, President Goodluck Jonathan rejected the amendments to the 1999 Constitution by the National Assembly on the ground that they do not satisfy the strict requirements of Section 9(3) of the 1999 Constitution.
The president submitted that alteration to constitution cannot be valid with mere voice votes unless supported by the votes of not less than four-fifths majority of all members of National Assembly and two-thirds of all the 36 State Houses of Assembly.
According to him, the “absence of credible evidence that the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 satisfied the strict requirements of Section 9(3) of the 1999 Constitution, it will be unconstitutional for me to assent to it”.
“I therefore withhold my assent and accordingly remit Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 to the Senate /House of Representatives of the Federal Republic of Nigeria.”, he stressed.
The president also queried the decision of the National Assembly to whittle down some Executive powers of the President of the Federal Republic of Nigeria and faulted certain amendments that gives Executive powers and duties to the Legislature and the Judiciary.
He further observed that the proposed amendment has imposed right to free basic education and primary and maternal care services on private institutions; and has flagrantly violated the doctrine of separation of powers; as well as unjustifiably whittled down the Executive powers of the Federation vested in the President by virtue of Section 5(1) of the 1999 Constitution.
The president also picked holes in the proposed “30 days allowed for assent of the President; limiting expenditure in default of appropriation from 6months to three months;  and creating the Office of Accountant-General of the Federation as distinct from the Accountant General of the Federal Government
He also rejected the proposal to empower the National Economic Council to appoint the Accountant-General of the Federation instead of the President; allowing NJC to now appoint the Attorney-General of the Federation rather than the President; and unwittingly whittling down the discretionary powers of the Attorney-General of the Federation.
To this end, the President stated that he has no choice than to veto the amendments to the constitution as forwarded to him by the National Assembly.
When the letter was read on the floor of Senate, senators instantly raised their hands, signifying their intentions to make comments, but presiding Senate President David Mark ruled that it was necessary to allow for every senator to have a copy of the letter, for informed debate.
Meanwhile, the Constitution Review Committee of the National Assembly has commenced a two-day retreat to consider observations made by President Goodluck Jonathan on the Fourth Alteration Bill, 2015 sent to him for assent.
The committee, led by the Chairman and Deputy President of the Senate, Mr Ike Ekweremadu, is expected to critically examine the observations and come up with a resolution at the end of the retreat on Thursday.
The  Senate on Wednesday received a letter from the president on his reasons for withholding assent to the bill.
The letter read by President of the Senate, Sen. David Mark, at plenary, stated that some provisions of the proposed law violated the doctrine of separation of powers as enshrined in the 1999 Constitution.
The letter also noted that some provisions of the proposed law whittled the powers of the federation vested in the president by virtue of Section 5(1) of the 1999 Constitution.
The letter further noted that there was no credible evidence that Section 4 of the bill, which dispenses with the assent of the president in the process of constitutional amendment.
“Section 4 of the Fourth Alteration Act, 2015 can only be valid if the proposal was supported by the 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 House of Assembly of not less than two-thirds of all the states as provided by Section 9(3) of the 1999 Constitution.
“In the absence of credible evidence that this requirement was met in the votes and proceedings of the National Assembly, it will be unconstitutional for me to assent to this bill,’’ the letter stated.
Another observation made is contained in Section 45 A of the bill, which guarantees the right to free basic education, which according to the letter is too open ended and should be restricted to government schools.
Also, Section 58, which provides that a bill will become law after expiration of 30 days of non-assent by the president was said not to have taken cognisance of some important variables.
Equally, Section 84, which creates the Office of the Accountant General distinct from Account General of Federal Government does not address funding requirements for the office, the president wrote.
In the same vein, the letter stated that the separation of the Attorney General’s office from that of Minister of Justice violated the doctrine of the separation of power.
Meanwhile, a member of the Constitution Review Committee, Sen. Umaru Dahiru, told newsmen  that the committee would examine the observations contained in the letter.
Dahiru, who is the Chairman Senate Committee on Judiciary, Human Rights and Legal Matters, said the retreat would enable the committee to ascertain if anything could be done before the end of the 7th Assembly.
“As I am talking to you now, we are going for a meeting on that and we will take a look into all the observations to see if they can be tackled within the limited time that we have in this tenure or not.
They are very good observations and I concur with them,’’ he said.

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