By Johnbosco Agbakwuru ABUJA – AS criticisms continue to trail President Goodluck Jonathan’ s refusal to sign the Constitution Amendment Bill, the Association for the Promotion of Parliamentary Relations, APPAR, has told the National Assembly to ignore the president’s letter as he allegedly has no constitutional role on the bill.

The group said the opinion of one man whether the President or another person cannot invalidate the majority approval of the Constitution and that his opinion is not even required by law.

It also said that it was a rare privilege and courtesy extent extended to the President to ceremonially sign the bill which he allegedly does not have a role.

The group in a statement signed by its Lead Facilitator, Paul Onwude in Abuja said it received the news of the President’s refusal to put down his assent on the constitution amendment with a rude shock.

The President had cited several reasons ranging from the amendment not satisfying the requirements of section 9(3) Constitution of 1999 as amended, whittling down executive powers, giving executive powers to the legislature and the Judiciary, as well as querying the Voice Vote including procedures used by the National Assembly among others.

According to the statement, “The President is entitled to his opinion, however, he can keep his opinion to himself because he cannot be wiser than 109 Senators, 360 Members of the House of Representatives and the 36 State Houses of Assembly representing over 170 million Nigerians, who were duly consulted and have all agreed on the provisions of the amendments.

“Therefore, the opinion of one man – The President- cannot invalidate the majority approval of the Constitution and his opinion is not even required by law.

“It is important to state here that by our Constitution and practices in the presidential system like the United States of American, the President does not have a role in the Constitutional Amendment process.

“The President can only use what is called the “Bully Pulpit” to lobby for or against proposed amendments during national consultations like the House of Representatives’ Peoples Assembly or the Senate’s Zonal Public Hearings etc.

“Some Presidents in the USA have signed Constitutional Amendment Bills before, however, it was just ceremonial. The US Congress and the State Legislatures are the ones that have the mandate to amend the Constitution in the USA as directed by Article V of the US Constitution. “The only Executive Arm/Branch Public Official authorized in the USA to participate in the process, according to provisions of 1 U.S.C. 106B, is the Federal Archivist, who normally directs his/her staff, the Director of the Federal Register to publish and document the amendments.

” It noted that Section 9(3), of 1999 Constitution as amended, makes it known that the approving authority of the Constitutional Amendment or alteration in Nigeria are the 36 State Houses of Assembly that gives approval by two-third majority vote and same for the two chambers of the National Assembly, notwithstanding the provisions of sections 58(1) and Sections 100(1) of the Constitution that empowers the President and the Governors to sign bills into law, respectively.

“The Constitutional Amendment bill is not the usual type of bills the President and Governors are required to sign. Constitutional Amendment bill is an act of the Sovereign (the People) that is why the State Assemblies are involved and they don’t take this bill to the Governors to sign and that is why the President cannot sign and does not have a role in the process.

“Therefore, APPAR, calls on the National Assembly to ignore the letter of the President because the National Assembly is just respecting the Office of the President by differing to him to sign the bill Ceremonially.
“It is a privilege and not a right of Mr. President since he does have a role constitutionally or by global best practice. “We, urge the National Assembly, particularly the 7th National Assembly to leave this legacy of giving Nigeria a brand new Constitution behind as the Assembly draws to a close.

“The reasons given by the President are not worth the paper they are written on. The Legislature as the first arm of Government can by legislation adjust the function of other arms of Government either to increase or decrease their responsibilities. “Section 5 (1)(b) requires the President to execute and maintain the Constitution, and all laws made by NASS. If the NASS has powers to amend the Constitution the President is required to execute and maintain then the NASS can by law amend the function of the other arms of Government as contained in the Constitution and the President is under obligation to implement them.

“There is nothing like taking way executive powers to the Legislature and Judiciary. The Law is what the National Assembly (the sovereign) says it is in this regard.”

source: http://www.vanguardngr.com/2015/04/constitution-amendment-jonathan-cant-invalidate-majority-opinion/#sthash.wTWXflLH.dpuf