A cold war appears to be brewing again, between the Presidency and the National Assembly following President Goodluck Jonathan’s outright refusal to assent the State of the Nation Address Bill, passed by the National Assembly on March 13, 2012, and forwarded to him for assent.
The president, in a letter Tuesday, to the legislature, dated June 10, 2013, through the Senate President, David Mark, explained that his action was based on the grounds that the proposed law was a duplication of the extant law as contained in the 1999 Constitution.
President Goodluck Jonathan
He said the bill which was particularly transmitted to him on May22, 2013 by the Clerk of the National Assembly for assent amounted to what he referred to as “a duplication of Section 67 of the Constitution”.
Both chambers of the National Assembly passed the State of the Nation Address Bill with the Senate passing it on March 13, 2013 having been earlier treated in the same manner by the House of Representatives.
The bill provides for an annual state of the nation address by the President to be delivered to a joint sitting of the National Assembly on the first legislative day of July of every year.
President Jonathan explained that the 1999 Constitution has already given him the mandate to meet with a joint session of the National Assembly to deliver an address on national affairs or policy of government which he noted, were of national importance.
The president frowned at some sections of the bill which empowered the National Assembly to summon the President in the case of his failure to deliver the address on the specified date, saying it was coercive.
“He said “in view of the express provisions of Section 67 above, I am of the considered opinion that the 1999 Constitution has made ample provision for kind of address contemplated by the Bill”, adding, “It would, therefore, amount to a duplication to enact legislation on the same subject matter”.
“This is more so as the proposed legislation seeks to circumscribe the President’s discretion regarding whether or not, he should attend the joint session meeting of either House of the National Assembly.
“The time to present the address, his determination of of which policy of government is of national importance for the purpose of an address in addition to the threat of the use of coercive powers in the event of non- compliance,” the president insisted, adding that it was inconsistent with the doctrine of the separation of powers and the letter and spirit of the Constitution.
He tasked the National Assembly to redraft some clauses to bring the bill in conformity with the dictates of the constitution which confers discretionary powers on the President under Section 67.
“Clause 1 should be redrafted to read: The State of the Nation of Address shall be delivered to a joint sitting of the National Assembly within 30 days of the commencement of the legislative year,” he said.
“Clause 3 which empowers the National Assembly to summon the president where he fails to make the address should be replaced with a flexible clause, to mean “if unable to present an Address, the president should be allowed to designate the Vice President to present the Address on his behalf”.
“Where for any reason the President is unable to present an address in accordance with the Act, the President shall in writing inform the Senate President and the Speaker of the House of Representatives and either to designate the Vice President to present the Address on his behalf or transmit to the Senate President and the Speaker of the House of Representatives, the text of the Address,” he insisted.
Chairman, Senate Committee on Rules and Business, Ita Enang, PDP, Akwa Ibom North East, had hinted earlier that the National Assembly may veto the bill in the event that the present failed to assent to it.
The controversial bill requires that the President’s address will be debated by the National Assembly and its resolution communicated to the President within 60 days from date of the address.
President Jonathan is expected to start the first State of the Nation Address this year, beginning from first week of July, next month, which will be second week after commencement of new legislative session.
No comments:
Post a Comment