President Goodluck Jonathan has written to the National Assembly to convey his unwillingness to assent the State-of-the-Nation Address Bill passed by the National Assembly on March 13, 2012.
In a letter dated 10th June 2013 and addressed to Senate President, David Mark, Jonathan described the proposed law as a duplication of Section 67 of the Constitution.
Both the upper and lower legislative chambers passed the bill, which provides for an annual state-of-the-nation address by the president, to be delivered to a joint sitting of the National Assembly on the first legislative day of July, every year.
But President Jonathan said the 1999 Constitution has already given him the mandate to meet with a joint session of the National Assembly to deliver an address on national affairs or policy of government, which are equally of national importance.
He also opposed certain sections of the bill empowering the National Assembly to summon the president in the event of his refusal to deliver the address on the specified date.
“In view of the express provisions of Section 67 above, I am of the considered opinion that the 1999 Constitution has made ample provision for kind of address contemplated by the bill. It would, therefore, amount to a duplication to enact legislation on the same subject matter,” he wrote.
“This is more so as the proposed legislation seeks to circumscribe the president’s discretion regarding whether or not he should attend the joint session meeting of either House of the 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. It is inconsistent with the doctrine of the separation of powers and the letter and spirit of the Constitution.
Jonathan urged the National Assembly to amend certain clauses in the bill to reflect the president’s discretionary powers under Section 67.
“Clause 1 should be redrafted to read: The State of the Nation of Address shall be delivered to a joint sitting of the National Assembly within 30 days of the commencement of the legislative year,” he added.
“Clause 3, which empowers the National Assembly to summon the president where he fails to make the address, should be replaced with a flexible clause, to mean “if unable to present an address, the president should be allowed to designate the Vice President to present the address on his behalf.
He also wrote: “Where for any reason the president is unable to present an address in accordance with the Act, the president shall in writing inform the Senate President and the Speaker of the House of Representatives and either to designate the Vice President to present the Address on his behalf or transmit to the Senate President and the Speaker of the House of Representatives, the text of the Address.”
Chairman, Senate Committee on Rules and Business, Ita Enang, PDP, Akwa Ibom North East, initially suggested that the Assembly may veto the bill should the president refuse to assent it.
