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Wednesday, April 15, 2015
12 Reasons Why President Jonathan Rejects Newly Amended Constitution
President Goodluck Jonathan has used his right to reject the amendments made to the 1999 Constitution by the National Assembly.
A top government official who pleaded anonymity revealed on Tuesday that Jonathan vetoed the amendment on Monday.
Jonathan made his position known in a seven-page letter to Senate President David Mark and House of Representatives Speaker Aminu Waziri Tambuwal.
The President listed 12 errors in the amendments.
They are as follows:
•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;
•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;
•30 days allowed for assent of the President; and
•Limiting expenditure in default of appropriation from 6months to three months
The others are: •Creation of the Office of Accountant-General of the Federation distinct from the Accountant General of the Federal Government
•Empowering 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;
•Unwittingly whittling down the discretionary powers of the Attorney-General of the Federation.
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.
The return of the Constitution Amendment Bill jolted Senators and members of the House.
The official said the decision of the President not to sign the document was because the amendment did not meet the provisions of Section 9 (3) of the 1999 Constitution.
The source explained that with the return of the document by the President, the letter accompanying it might be read on the floors of the two chambers of the National Assembly any time from Wednesday (today).
He said, “The President has vetoed the constitution amendment and he has sent it back to the National Assembly.
“The amendment did not meet the provision of Section 9 (3) of the constitution which talks about the need for four fifth of the National Assembly to agree with the amendment.”
Section 9 (3) of the Constitution reads:
“An Act of the National Assembly for the purpose of altering the provisions of this section, section 8 or Chapter IV of this Constitution shall not be passed by either House of the National Assembly unless the proposal is approved by the votes of not less than four-fifths majority of all the members of each House, and also approved by resolution of the House of Assembly of not less than two-third of all states.”
The rejected amended constitution granted approval for the separation of the office of the Attorney-General of the Federation from that of Minister/Commissioner of Justice.
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