25 June, 2013

STATE OF NATION ADDRESS BILL UNCONSTITUTIONAL – JONATHAN



…Proposes amendment
President Goodluck Jonathan on Tuesday declared the State of the Nation Address bill passed by the National Assembly and transmitted to him for assent as unconstitutional.
Jonathan said that some clauses of the bill contradict provisions of the Constitution especially Section 67.
He also said the bill offends that principle of separation of powers as enshrined in the Constitution.
He returned the bill and proposed some amendments to enable him sign the bill.
The President in a letter read by the Senate President, David Mark, insisted that certain sections of the bill should be altered in line with Constitutional provisions.
He said that the Constitution has made ample provision for the kind of address the National Assembly wanted in the bill.

The President said, “I am of the considered opinion that the 1999 Constitution has made ample provision for the kind of address contemplated by this bill.
‘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 meeting of the National Assembly or of any meeting or either of the 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.
He insisted that bringing into force another law on the issue would amount to a duplication of legislation.
Source: The Nation

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