A showdown is imminent between the Presidency and the National Assembly over a State of the Nation Address Bill, which makes it mandatory for any sitting president to render account of his stewardship to Nigerians. The new law compels the president to talk to Nigerians through the National Assembly. But President Goodluck Jonathan has told the National Assembly that the State of the Nation Address contravenes Section 67 of the 1999 Constitution (as amended), adding that using the word “summon” did not accord with “the language of the Constitution.” Besides, federal lawmakers inserted a clause in a Bill for an Act to make provision for State of the Nation Address by the president and for other matters connected therein, 2013, which stipulates that the incumbent must address the National Assembly every first legislative day in July. The National Assembly’s calendar ends in June while a new session starts in July. President Goodluck Jonathan would have none of that and only stopped short of accusing the National Assembly of usurping the powers conferred on him by the 1999 Constitution. In a June 10 letter addressed to Senate President David Mark, the president first reminded the National Assembly that such address had expressly been provided for in Section 67 of the 1999 Constitution (as amended). Besides, the president opined that should he accede to the bill, the National Assembly would have to carry out a surgical operation on the bill by carrying out four major amendments. First and foremost, Jonathan wanted the clause compelling him to address federal lawmakers at the outset of the first legislative day in July to “within 30 days of the commencement of the legislative year.” Secondly, the president wanted the National Assembly to tone down the use of “summon” as it did not conform with the “language of the Constitution.” Rather than summon, President Jonathan wanted an amendment, which would allow him designate his deputy, Namadi Sambo, to present the address on his behalf should he be unable to present the address in person. This would be conveyed in writing to the Senate president and the Speaker of the House of Representatives. The letter read: “In view of the express provisions of Section 67, I(a), of the considered opinion that the 1999 Constitution has made ample provision for the kind of address contemplated by the bill. “It would, therefore, amount to a duplication to enact legislation on the same subject matter. This is moreso as the proposed legislation seeks to circumscribe the president’s discretion regarding whether or not he should attend the joint meeting of the National Assembly or of any meeting of either House of National Assembly; the time to present the address, his determination 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. “This, in my humble view, is inconsistent with the doctrine of separation of powers and the letter and spirit of the Constitution.” The president proposed a redrafting of Clause 1(2) to make it more flexible by substituting it to read: “The State of the Nation Address shall be delivered to a joint sitting of the National Assembly within 30 days of the commencement of the legislative year.” For Clause 3, which purported to empower the National Assembly to summon the president, where he decided not to make the address, the president said it should be substituted with a clause that conformed to the language of the Constitution. A new Clause 3 should rather read: “Where, for any reason, the president is unable to present an address in accordance with Section 1 of this Act, the president shall in writing, inform the president of the Senate and the Speaker of the House of Representatives and either designate the vice president to present the address on his behalf or transmit to the president of the Senate and the Speaker of the House of Representatives, the text of the address.” To ensure symmetry with the proposed clauses as well as give effect to their general intention, President Jonathan urged the Senate to amend Clause 5 to read that, “the National Assembly shall have power to regulate its procedure with respect to the provisions of this Act.”
Posted on: Wed, 26 Jun 2013 09:19:04 +0000
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