Senate Vs Jonathan: Now The War Drum Beats

President Goodluck Jonathan last week stoked the fire when he accused the National Assembly of tearing budget bills to shreds. The National Assembly has returned the fire asking Jonathan to sit up. UCHENNA AWOM, in this diary, suggests that the war drum beat, after all,may be sounding fast and aloud.

These are heated times in Nigeria’s socio-political environment. It is a period that could alter the once chubby relationships and can also bring out the best in institutions. That being the case, is the once rosy romance between the National Assembly and the Presidency going awry? Indications to this emerged last week during the democracy day celebrations.

President Goodluck Jonathan first stoked the fire at the Democracy Day symposium last week Monday, the President accused lawmakers of “tearing” the budget bill and of acting against the manifesto of the ruling Peoples Democratic Party (PDP). By inference, he implied that the National Assembly frustrates the implementation of the budgets.

Though Jonathan was said to have squared up with the Speaker of the House of Representatives, Aminu Waziri Tambuwal, over the bills that have stayed for a long time in the President’s in-tray at that occasion, but his vociferous approach to the issue underscores the emerging gulf between both institutions. In that case, it was potent enough to ignite a caustic response from the parliament no matter how uncoordinated. The response did come and of course it has elicited several interpretations ranging from some that suggests ‘no-love-lost’ between both arms.

First, Tambuwal pointedly said at the occasion that Jonathan was shirking his constitutional responsibility by sitting on many bills passed by the National Assembly.

His remark was seen as a forerunner to a planned coordinated response by the National Assembly.

So, it was not surprising when the Deputy President of the Senate, Ike Ekweremadu, took on President Goodluck Jonathan last Wednesday over his failure to assent to some bills passed by the National Assembly.

He also claimed that the President “distorted facts” when he said on Monday that the lawmakers tore up the budget proposal sent to them; thereby, making it difficult for the executive to implement it.

“A number of bills that would have changed a lot of things for this country have not been signed”, Ekweremadu said using the opening of a public hearing by the Senate Committee on Environment and Ecology on a bill to set up an erosion control commission to hit back at the Presidency.

“So, my advice to the executive is to dialogue with the legislature in matters like these and find a common ground instead of shifting blames”, he added.

Continuing, Ekweremadu warned, “We expressed our displeasure over some of the bills which we have sent to the Presidency for assent since last year that have not received presidential assent. And in response, the president said that it is because we are creating agencies. We will continue to create agencies if it is important, because that is why we are here.

“So, we have to do our job. Most of those bills have nothing to do with agencies. I remember we have the State of the Nation Address Bill, it has nothing to do with any agency and it has not been signed. We have the National Health Bill. It has nothing to do with an agency. It has not been signed. We have the Air Force Institute of Technology Bill and Tobacco Bills.

“If institutions are to be created, they will definitely be created. So any person who thinks that the creation of institutions should stop is wasting his time. It would not stop because the society itself is dynamic”.

On the budget bill, Ekweremadu declared, “I also believe that the issue which he (Jonathan) also raised regarding the Appropriation Bill was also a distortion of facts. The president said that we tore the Appropriation Bill into pieces which made it impossible for implementation. Certainly, that is not so.

“I am aware that the 2012 Appropriation Bill was returned to the executive substantially the same way they brought it. So, we are challenging them to ensure that the 2012 Appropriation Act is fully implemented.

“They have been complaining that they could not implement the budget because of the inputs of the National Assembly.

“So, this year, we said we are not making any input, we are going to give you the bill the way you brought it as a challenge to ensure that it is implemented. So, we expect them to implement it 100 per cent because that is their own vision.

“Of course, he also made reference to a point where they wanted to go to court to challenge the role of the National Assembly in altering Appropriation Bills. Well, that will be a welcome development.

“So we want to suggest that the executive should please take that step of going to the Supreme Court or any court they wish to look at the constitutionality of our role in terms of appropriation for this country. We will be happy to see the outcome, and of course, we will obey whatever the court says.

“But we believe the National Assembly has the ultimate say when it comes to the appropriation of funds because that is what the constitution says. If the Supreme Court or any other court says otherwise, we would succumb to it and do exactly what the court says.

“Some of these things I think are things we should be able to discuss with the executive. There is need for closer collaboration between the parliament and the executive because if we are close to each other, we can always discuss, we can always dialogue. But if we are far in between, of course, we will be shouting at each other because for you to hear me if we are far between, I have to raise my voice. So, I don’t think that is good for democracy”.

The spat is perhaps the first open show of tacit disagreement between the Presidency and the National Assembly. Though there had been instances where the Presidency and the House of Representatives disagree openly, but such altercations have never exceeded the boundaries of both chambers. In most of such cases it was the Senate that mediates. But the situations have changed and there is unanimity of purpose, defence and response in the National Assembly.

The implication is that we may again witness a situation of serial overriding of a seeming presidential veto of any of the bills lying in the President’s in-tray. Doing this, which was last witnessed in the first session of the National Assembly when they overruled ex-President Olusegun Obasanjo’s veto on the Niger Delta Development Commission (NNDC) Bill, will reinvent the national parliament as peopled by serious minded individuals who are ready at all times to check the excesses of the executive.

For now, the beat goes on and the chicken is coming home to roost.

SOURCE

Jonathan-NASS cold war: President to return 12 bills

• Wants to avert override by National Assembly • House leadership to consider line of action next week

The cold war between the Presidency and the National Assembly over unsigned bills has forced President Goodluck Jonathan back to the drawing board.

 He met with his key strategists at the weekend to review complaints by the Senate and the House of Representatives over   his refusal to sign 14 bills passed by them.

The review session was aimed at averting the resort to override by the legislature.

 Two of the bills may now be signed by the President, it was gathered yesterday in Abuja while the remaining 12 could be returned to the legislators for reconsideration.

A principal officer of the House said the chamber may meet soon on their next line of action on the unsigned bills.

Speaker Aminu Tambuwal of the House of Representatives and Senate  Deputy President  Ike Ekweremadu last week  joined issues with the President on bills awaiting the President’s signature.

These include: Public Procurement Amendment Bill; Legal Aid Council Bill, National Health Bill; the Bill on People with Disability; National Assembly Budget and Research Office Establishment Bill; Tobacco Bill, State of the Nation Address Bill; FCT Area Courts Bill; and National Assembly Service Commission Repeal and Re-enactment Bill.

The rest are: National Bio-Safety Management Bill; River Basin Development Authority Amendment Bill; Nigerian Hydrological Services Agency Bill; FCT Board of Internal Revenue Bill; Harmonized Retirement Age of Tertiary Institutions Workers Bill; and Police Act Amendment Bill.

The President and his strategists are believed to have discussed the constitutional status of each of the bills and resolved to act on some of them with a view to averting a confrontation with the National Assembly. 

The Senate and the House of Representatives, one source said, were spoiling for war with the executive over the unsigned bills.

 Speaker Tambuwal, at a National Symposium on the occasion of Democracy Day in Abuja last Monday accused the Executive arm of shirking its responsibility of assenting to bills passed by the legislature.

This, he said, was not in the best interest of the country and did not augur well for the relationship between the executive and legislative arms.

The  President  acknowledged ‘a major conflict’ between the two sides and explained that this was brought about by the insistence of the legislators to hijack the budget proposals submitted every year for approval.

He said the National Assembly had formed the habit of tearing and distorting such budget proposals.

“We even wanted to go to the court, so that the Supreme Court would tell us if it is the duty of the National Assembly to plan the economy,” he said, adding: “Let them do the budget, hand over to us we will implement, but if it is our duty, then they should listen to us because the executive arm of government has a ministry of planning and finance and works with the Central Bank..”

The Chairman of the House Committee on Rules and Business, Albert Tsokwa (PDP, Taraba), said the National Assembly might override the bills in line with Section 58 of the 1999 Constitution.

But it was also discovered at the meeting that some of the bills have been overtaken by events.

A top presidency source said: “Contrary to insinuations, the President had, a few weeks ago, asked the Attorney-General of the Federation, Mr. Mohammed Bello Adoke (SAN) and his aides to compile and bring outstanding bills to him.

“But a review of the bills indicated that some of them have been signed into law by the President. These are Harmonized Retirement Age of Tertiary Institutions Workers, the 2012 Appropriation Act and the Transfer of Convicted Prisoners amendment Act.

“The President does not just rush into signing any bill into law; his administration must ensure that a bill will promote development and ensure public peace and safety. It is not as if this administration is out to undermine the National Assembly.

“For instance yesterday (Friday) he met with his team on these outstanding bills and their status.”

Asked what the President would do in view of the position of the National Assembly, the source said: “He (Jonathan) will soon sign one or two of these outstanding bills into law, including the Tobacco Bill.

“The bills passed by the National Assembly so far this year may also be signed into law.

“We have however discovered that most of the bills have passed the statutory 30 days required of the President to sign them into law. Some of them were also passed by the Sixth National Assembly confirming that they have been overtaken by events.

“If you go through the rules of the National Assembly, there is no way the Seventh National Assembly would have inherited the bill liability of its predecessor because of the time factor.

“What the government will do is to resend these bills to the National Assembly for reconsideration. After the reconsideration, the President will now assent to the bills. So, hope is not lost.”

Responding to a question, the source added: “The government will not allow the situation to degenerate to the use of override by the National Assembly. Instead, the government will engage the legislature on the way out.

“I can assure you that we will not allow the use of override, we will rather lobby National Assembly members to appreciate the observations of the government on these bills.”

But a principal officer of the House of Representatives, who spoke in confidence, said: “We are in full support of what Tambuwal said because he tried to protect the integrity of the National Assembly.

“We will however meet on the issue next week to determine our next line of action.”

Section 58(4-5) of the 1999 Constitution reads: “Where a bill is presented to the President for assent, he shall within 30 days thereof signify that he assents or that he withholds assent.

“Where the President withholds his assent and the bill is again passed by each House by two-thirds majority, the bill shall become law and the assent of the President shall not be required.”

Another presidency source however added that the use of override is cumbersome and drew our correspondent’s attention to Section 59(4) of the Constitution.

The source said: “We won’t allow Executive-Legislature face-off but the truth is that the use of veto is not as easy as some are trying to claim.

“Just read Section 59(4) and you will discover that there must be a joint session of the National Assembly to pass any outstanding bill into law by the lawmakers. We won’t allow that at all.”

The section says: “Where the President, within 30 days after the presentation of the bill to him, fails to signify his assent or where he withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting and if passed by two-thirds majority of members of both Houses at such joint meeting, the bill shall become law and assent to the President shall not be required.”

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