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Wednesday, 13 May 2015

The senate on Tuesday rose from about two-
hour executive session on Wednesday and
announced the suspension of its planned process
to override President Goodluck Jonathan’s veto
on the Fourth Alteration Act 2015 which seeks to
further amend the 1999 Constitution.
Senate President, David Mark, who addressed the
chamber after the closed-door session, said the
senators as lawmakers, would always abide by
the law of the land, since the Supreme Court had
asked the federal parliament to stay further action
on the document.
Mark said,”We are law makers, we will not be law
breakers. In fact we are responsible senior
citizens who should not be seen to be breaking
laws in one way or the other.
“However the executive should not take the
National Assembly for granted any longer.”
The senators had on Tuesday vowed to begin the
process of overriding the President’s veto today,
by taking the first reading of the bill to adopt the
gazette of the controversial amendment Bill.
It will be recalled that Jonathan had in a letter
dated April 13, addressed to Senate President
David Mark and Speaker of the House of
Representatives, Mr. Aminu Tambuwal,
announced his decision to reject the Constitution
(Alteration) Bill 2015.
He had cited perceived deliberate attempts by
federal lawmakers to whittle down presidential
powers and their failure to strictly adhere to
constitutional provisions on the amendments to
Section 9 of the constitution by observing four-
fifths majority support in each chamber before it
could amend it.
The president had further argued that the National
Assembly only observed two-thirds majority
support for the amendment instead of four-fifths
stipulation in the constitution before amending the
section.
The amendment to the section strips the
president of the power to sign an amendment bill
before becoming effective.
Following the president’s letter, the Senate on
April 15 demanded the return of the bill to the
National Assembly by the president.
The demand was the fallout of an allegation that
the president had earlier signed the bill before he
was prevailed upon by the AGF to withdraw his
assent.
Suspecting that the National Assembly might
move to override the president’s veto as a result
of the demand, the federal government
proceeded to the Supreme Court to stop the
National Assembly from further carrying out any
legislation on the amendment bill with the
intention to render it handicapped.
The Supreme Court eventually ruled on the suit
on May 7, asking the National Assembly to
maintain the status quo ante on the amendment
until the final determination of the suit.
It also described the suit as incompetent, saying it
should have been between the president and the
National Assembly and not between the AGF and
the National Assembly as the case had been.
The apex court also queried the federal governm
ent’s counsel for not joining the state houses of
assembly in the suit since they were also part of
the amendment process.

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