Confusion over President’s Veto of Constitution Amendment

 President Goodluck Jonathan

• N’Assembly to decide on available options next week

By Omololu Ogunmade in Abuja

A constitutional lacuna has arisen over the president’s decision to return the constitution amendment proposals to the National Assembly, as the constitution made no provision on the steps available to the legislature should the president refuse to assent to the amendment.

A source in the National Assembly informed THISDAY on Wednesday that the veto had created a quagmire, given the fact that the constitution does not make any provision for the next steps to take if the president refuses to assent to the constitutional amendment because the framers of the constitution did not envisage this.

“Now the president has created a dilemma because there is no provision in the constitution on how to override the president’s veto on a constitutional amendment,” the source said.

He however added that the lawmakers might be left with no option than to override the president’s veto, saying it would be unwise for them to allow the president to throw the amendment back at them without an effort to salvage the proposals.

He further said the Senate Committee on the Review of the Constitution, which had met on the matter yesterday, would address the press on it very soon, adding that the public would know National Assembly's decision on the development next week.

A demand by Senator Sadiq Yar'Adua (Katsina Central) for a debate on the president’s letter after it was read on the floor yesterday was overruled by Senate President David Mark, saying it would be untimely for the Senate to debate the letter when copies had not been circulated to senators.

Mark also said it would be wise to wait for the outcome of the review committee meeting which he said had been scheduled to hold yesterday.
However, THISDAY learnt that the president had previously signed the bill but subsequently changed his mind.

The source, who preferred not to be named, said that members were privy to information that the president had already signed the amendment of the constitution before he was prevailed upon by the Attorney General of the Federation (AGF) and Justice Minister, Mr. Mohammed Adoke, to withdraw his assent.

The AGF was said to have enumerated the consequences of assenting to the proposals by the president.

According to the source, those who prevailed on the president to withdraw his assent might not have necessarily done so in the interest of the president or the nation but rather in the interest of those who stand to benefit from the veto.

“The president had signed it before the AGF prevailed on him to reject it. Yes, we were aware that he had signed it. It was self-preservation. Those who prevailed on him, pretended to be working for him, but were in actual fact working for somebody else,” he said.

The president on Tuesday returned the amendment proposals sent to him by the National Assembly last January, saying they did not adhere to strict constitutional requirements for amendment as provided in Section 9(3) of the 1999 Constitution.

In a seven-page letter addressed to Mark and the Speaker of the House of Representative, Hon Aminu Tambuwal, he cited deliberate attempts by federal lawmakers to whittle down presidential powers.

The president also highlighted the flaws he discovered in the amendments to include non-compliance with Section 9(3) of the 1999 Constitution on amendments; mere use of voice votes to alter the constitution without being supported by the votes of not less than four-fifths majority members of the National Assembly as well as two-thirds of all the 36 state Houses of Assembly; imposition of the right to free basic education and primary and maternal care services on private institutions; as well as perceived violation of the doctrine of separation of powers.

Other flaws, according to the president, were the decision to whittle down executive powers as contained in Section 5(1) of the 1999 Constitution; 30 days limitation provided for president’s assent; reduction of the time frame of expenditure in default of appropriation from six months to three months; and the creation of the Office of the Accountant-General of the Federal Government with different functions from those of the Accountant-General of the Federation.

Others were the decision to transfer the president's powers to appoint the Accountant-General of the Federation as well as the Attorney-General of the Federation to the National Economic Council and National Judicial Council, respectively; and the decision to whittle down the discretionary powers of the Attorney-General of the Federation as its separation from Minister of Justice.
Jonathan described the amendment on the separation of the Office of Attorney-General of the Federation from the Minister of Justice as ambiguous.

He said: “These alterations encapsulate a wide-ranging provision that seek to separate the Office of Attorney-General of the Federation from the Minister of Justice and the Attorney-General from the Commissioner for Justice in the respective states of the federation. They also provide for the independence of the Office of Attorney-General by guaranteeing tenure and funding.

“However, as desirable as the separation is, there are some provisions that validate the doctrine of separation of powers and also negate the age-long independence and absolute discretion that the office has enjoyed for centuries since its creation in the middles ages.

“The potential challenging provisions are discussed below: The first noticeable setback is that the Fourth Alteration Act 2015 is silent on who is the Chief Law Officer of the Federation/State. This is a serious lacuna, which may create implementation challenges.

“It will be recalled that the Attorney-General of the Federation (AGF) and Minister of Justice and the Attorney-General and Commissioners for Justice in the respective states of the federation are under Sections 150 and 195 of the 1999 Constitution, the Chief Law Officers respectively.

“Apparently, it is the fact that the AGF is the Chief Law Officer and has the power to guide the MDAs on legal issues by way of legal advice and represent the government on other legal matters including civil litigations, contract, treaty obligations, legal drafting, etc., is derived.

“With this amendment, which limits the power of the AGF to criminal prosecution and is silent on who is the Chief Law Officer, it appears to erode the constitutional and legal basis for the current structure and functions of the Ministry of Justice and the Law Officers employed therein, in the absence of a statute that provides for the exercise of these powers and functions.

“Consequently, if it is the intendment of the National Assembly to make the Minister of Justice the Chief Law Officer, it should be expressly stated. This will enable these functions to continue to be traditionally performed by the Ministry under the supervision of the Minister of Justice while the Office of the AGF, which is to be independent and separated from the Ministry, concentrate on prosecutions.”

In clear terms, the president remarked: “In view of the foregoing and absence of credible evidence that the Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 satisfied the strict requirements of Section 9(3) of the 1999 Constitution, it will be unconstitutional for me to assent to it.

“I therefore withhold my assent and accordingly remit Constitution of the Federal Republic of Nigeria (Fourth Alteration) Act 2015 to the Senate/House of Representatives of the Federal Republic of Nigeria.”

Moody’s Describes Nigeria’s Peaceful Transition as Credit Positive

Dr. Goodluck Jonathan

By Obinna Chima with agency report  

Ratings agency Moody’s has said Nigeria’s recent peaceful transition of power is credit positive, but admitted that the country’s economic challenges still remain. Nigeria is rated Ba3 stable.

According to Moody’s, Nigeria’s peaceful transition of power from the ruling Peoples Democratic Party (PDP) government of Dr. Goodluck Jonathan to the All Progressives Congress (APC) of ex-military leader, General Muhammadu Buhari, underscored the strengthening of Nigeria’s democratic credentials.

However, Moody’s noted that economic challenges remain.

Moody’s noted that Nigeria has held five general elections since 1999 and has organised elections involving rotations of power between the major parties regularly in its 36 states.

“The fact that incumbent Goodluck Jonathan conceded defeat shortly after the results and called on his supporters to exercise restraint will help avoid violence in the coming weeks,” it said in a note this week.

The ratings agency was of the opinion that under Buhari, who anchored his campaign on three main pillars: eliminating corruption, eradicating Boko Haram, reforming the economy, promises significant economic dividends for Africa’s largest economy if successful.

“Domestic security, more generally, is likely to improve over his term, given Buhari’s northern origins and military credentials — military spending is likely to increase during his term. An improved security environment would support economic growth and development,” Moody’s said.

Moody’s believes that reforming Nigeria’s oil sector is also key, as major reforms, such as the Petroleum Industry Bill (PIB), have been stalled in parliament by more than six years, adding that the current distribution of oil revenues has not prevented the income gap between the non-oil producing north and the oil-rich south of the country from widening, exacerbated in the northeast by the insurgency of Boko Haram, a long-term threat to the stability of the country.

Among other things, Moody’s asserted that the federal government’s 2015 budget deficit target of 0.8 per cent of GDP remains credible and its aim to raise $1 billion in non-oil revenues by, inter-alia, expanding corporate taxation and raising value-added tax, are also realistic and should support its budget target in 2015.

Moody’s also indicated that unlike many other oil producers that can fall back on accrued savings to run counter-cyclical fiscal policy in the current downturn, the absence of fiscal buffers in Nigeria has led authorities to use the exchange rate to complement fiscal policy adjustment to absorb the shock of lower oil prices.

“The Central Bank of Nigeria has allowed the exchange rate to depreciate 23% since August 2014 against the US dollar, generating more naira per dollar earned for the government to cope with its spending,” it said.

It added that given the likelihood of further currency depreciation, “we believe that Nigeria’s current account will actually be in balance or register a small surplus in 2015. Foreign exchange reserves, which have fallen from $33.48 billion at the end of December 2014 to $30.42 billion at the end of February, stand at a still comfortable 5-6 months import cover,” it said.
Despite the external and fiscal headwinds facing the government at the moment, Moody’s said, Nigeria’s balance sheet is very strong.

“The government enjoys a very low level of overall debt — an estimated 14% at the end of 2014 — and access to a domestic capital market that is deep and rapidly developing,” it said, adding that, “the government’s external debt, moreover, is also very low — below 3% of GDP as of end of 2014, offering substantial headroom for further financing as the new administration assesses its policy options.”

The agency points out that also supportive are the country’s growth prospects of 4-5 per cent in 2015.

“The non-oil sector, which accounts for more than 85% of GDP, has helped the country grow by 8.3% annually over the last 10 years in real terms,” it said.

Ojukwu Could've Averted Civil War Bloodshed, Says Danjuma

 President Goodluck Jonathan

By Jaiyeola Andrews in Abiuja

Former minister of Defence in the administration of ex-President Olusegun Obasanjo, on Wednesday said the bloodshed recorded in the country during the civil war could have been averted but for the recalcitrance of the late defunct Biafran warlord, Chief Chukwuemeka Odumegwu Ojukwu.

Addressing newsmen after a secret meeting with President Goodluck Jonathan at his residence in Abuja, Danjuma said had Ojukwu surrendered to the Federal troops after the fall of Enugu, the bloodshed that followed would have been averted.

The former minister however commended the President for conceding defeat from the opposition All Progressives Congress (APC) Presidential candidate, Gen. Muhammadu Buhari.

"If he (Ojukwu) had conceded victory to the federal troops, he would have saved the nation one full year of bloodshed. "The outcome of the election and the manner in which President Jonathan conceded victory to Buhari, is totally un-African. It is very important in the history of Africa. "President Jonathan has set a history, a record, as something to be emulated by Africa and indeed the whole world. Its an excellent thing he did," Danjuma said

Jonathan had been having consultations with prominent leaders in the country ahead of his handover ceremony to the president-elect by May 29th.

He met with Buhari last Friday behind closed doors