Jonathan rejects amended constitution

President Goodluck Jonathan has rejected 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.
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.
Jonathan made his position known in a seven-page letter to
Senate President David Mark and House of Representatives
Speaker Aminu Waziri Tambuwal.
The return of the Constitution Amendment Bill jolted
Senators and members of the House.
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.
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.