Why We Tried to Remove President’s Powers in Constitution Amendment

While speaking in an exclusive interview
with the News Agency of Nigeria (NAN), in
Abuja, Nigeri’a Senate President, Bukola
Saraki, disclosed that the presidential assent
was an unnecessary addition to the process
of amendment of the constitution.

The former Kwara state governor said that it
was with that conviction that the Senate
approved the removal of presidential assent
to an amended constitution.
Recall that 92 senators, more than the
required four-fifths, had voted to remove
the presidential assent. However, that
proposal failed in the House of
Representatives, implying the presidential
assent will not be expunged in the ongoing
constitution review.
The 7th Assembly had in 2015, while
reviewing the 1999 Constitution, approved
the removal of presidential assent from the
process of the amendment. But, the then
president, Goodluck Jonathan, refused
assent to the amendment because of the
removal of the clause contained in Section 9
of the 1999 Constitution.
Jonathan had insisted that the amendment
would have been valid if supported by votes
of not less than four-fifth majority of all the
members of each chamber of the National
Assembly.
In addition, he said that it also ought to
have been approved by a resolution of the
House of Assembly of not less than two-
thirds of all the states as provided by Section
9 (3) of the 1999 Constitution.
However, Saraki said that going by the
process of amending the constitution, the
final decision of federal and state
legislatures should be seen as the decision
of the people.
“Well, to me, if two-thirds of the National
Assembly agrees to something and two-
thirds of the state assemblies also agree, in
my view, the President should accept that as
the wish of the people.
“Does he really need to assent? Personally, I
don’t think so; that is my personal view,
because with two-third of National
Assembly, two-third of states’ assemblies,
the people have spoken,” he said.
Saraki added that the Senate would follow
up on the amendment process in the states
to ensure that there was wide consultation
and sensitisation.

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