Constitution: Senate shocked over Jonathan’s rejection of review

By Ezrel Tabiowo and Joshua
Egbodo, Abuja

The Senate, yesterday expressed shock over President Goodluck Jonathan’s decision to withhold his assent to the 1999 Constitution (Fourth Alteration) Bill 2015 sent to him by the federal parliament in January.
The President had in a letter of expressing his reservations to the two Houses of the National Assembly, dated April 13, 2015, and read separately on the floors, yesterday, cited unconstitutionality and the process of arriving at some of the proposed amendments.

Senator Sadiq Yar’Adua (APC Katsina Central) immediately after the letter was read out by the Senate President, David Mark, moved a motion through a point of order, suggesting that they debate the letter but was, however, rejected by Mark his suggestion, arguing that Senators were not yet in possession of copies of the letter.

“Yes, the letter contains far reaching constitutional issues that must be debated by the Senate as regards their plausibility to the President’s decision but since the senators have no copies now and since the Senate Committee on Constitution Review had already swung into action with their two day retreat on the subject matter for the needed way out, there is no need for any general debate now.”

The President in the six-page letter faulted 12 out of the 23 amendment clauses, one of which is section 4 of the fourth alteration Bill, seeking to alter Section 9 of the 1999 constitution through the insertion of a new sub section 3A, preventing presidential assent to future constitution amendment bills.

The letter reads in part; “May I draw Your Excellency’s esteemed attention to the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act, 2015 that has been passed by the National Assembly and transmitted to me for assent. I have accordingly examined the substance of the provisions and the procedure adopted by the National Assembly to pass the Act and wish to observe as follows:

“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 constitutional amendment.
“However, this alteration can only be valid if the proposal was supported by the votes of not less than four-fifth 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.