Finally, Fourth Alteration to 1999 Constitution Hits a Dead End
The Senate’s decision to halt its bid to override President Goodluck Jonathan’s veto on the fourth alteration to the 1999 Constitution last week marked the end of an expensive adventure. Omololu Ogunmade writes
After a series of suspense and surprises in the polity, the Senate on Wednesday failed to carry through its crusade to override President Goodluck Jonathan’s veto on the last amendments to the 1999 Constitution. The parliament which had threatened that there was no going back on its commitment to override Jonathan’s veto to the admiration of some Nigerians, suddenly made a U-turn after a twohour closed door session.
The move had generated much interest among Nigerians as many keenly watched the power struggle between the two arms of government. Had the move succeeded, it would have redefined law making process in Nigeria as it would have impacted positively or negatively on the polity. While announcing the U-turn from its threat, Senate President David Mark said the Senate had opted to have a rethink because it had chosen not to be a body of law breakers but rather a law making institution.
This volte face compelled many to ask rhetorically: at what point did the senators realise that they were not law breakers, having initially gazetted the amendment bill and consequently listed it for first reading twice during the week? On the other hand, others, notably the executive were swift to commend the lawmakers for allowing common sense to prevail in the end.
Nevertheless, the Senate president while announcing the decision to be law abiding in view of the suit before the Supreme Court over the matter, warned the executive to avoid taking the legislative institution for a ride.
Hear Mark: “As we finished our discussion, I think it is proper for me because of the importance of the issue, make a very simple, straight forward unambiguous statement. We are lawmakers and we will not be lawbreakers. We are not just lawmakers, we are very senior, responsible citizens and very senior lawmakers and this is the apex of law making in this country.
“Therefore, on the issue of the current constitution review that is before the Supreme Court, we want to assure Nigerians that we will not break any law in this country. We will take appropriate action that will ensure that democracy survives but I will also want to warn that we should not be taken for granted by the executive. But once more, let me assure Nigerians that as lawmakers, we will not be lawbreakers,” Mark insisted. Fresh Threat of Legal Action Less than an hour after announcing Senate’s plan to back out of the override plan, Senate Leader, Victor Ndoma-Egba, briefed the media on the way forward. According to him, the battle was not over yet as he explained that the Senate would challenge the court order stopping it from further legislation on the amendment bill.
Besides, he said the Senate would not just challenge the court order but would also vigorously pursue it to a logical end. He described the court order which tied Senate’s hands as an ambush by the executive, more so that the Senate was not put on notice before the ruling. He also said the executive action was in bad faith as he faulted the claim by the executive that the National Assembly failed to observe the four-fifths majority constitutional requirement in carrying out the amendments, saying the records were there for all to see.
“The issue of four- fifths is not correct. Our record is there. The Hansard is there. We met the constitutional requirement. The AGF who said we didn’t have the requirement has not shown any document to support it,” he said.
Also, for the first time, the Senate leader openly affirmed the allegation that had been awash in the media that the president had earlier signed the bill before changing his mind, emphasising that his refusal to return the original amendment bill sent to him despite the demand for it had heightened suspicion that he had indeed signed it before he was prevailed upon to change his mind. “Since we passed that resolution, we have not got the original. We have our reservation,” he said.