President Muhammadu Buhari on Tuesday 24^th July, 2018 wrote to the House of Representatives informing them of his decision to withhold assent to five Constitution (Fourth Alteration) Amendment Bills that were passed and transmitted to him by the 8^th National Assembly.

The Bills are:

1. Fourth Alteration Bill No 8 “The Legislature”- This Bill sought to provide for legislative immunity to prevent civil and criminal proceedings from beinginstituted against a member of a Legislative House in respect of words spoken or written at plenary sessions or Committee proceedings. In addition, the Bill sought to institutionalize legislative bureaucracy in the Constitution by providing for a National Assembly Service Commission and included a clause mandating the President to address the country at least once a year in a state of union address.

2. Fourth Alteration Bill No. 15 “The Nigeria Police Force” – This Bill sought to change the name of the “Nigeria Police Force” to the “Nigeria Police”

3. Fourth Alteration Bill No. 22- “Consequential Amendment on Civil Defence”-This Bill sought to include the Nigeria Security and Civil Defence Corps as a Security Agency under the Constitution.

4. Fourth Alteration Bill No. 24  “Procedure for Overriding Presidential Veto in Constitution Alteration” – This provided the procedure for altering a Constitution Alteration Bill where the President withholds assent. In this case, the Bill proposed that where a President withholds assent, the Bill shall become law if voted by a two-thirds majority by each house of the National Assembly.

5. Fourth Alteration Bill No. 28 “Authorisation of Expenditure 2“ – This provided that the President or Governor present an Appropriation Bill before the National Assembly or State House of Assembly no later than 90 days before the end of a financial year. The Bill was intended at encouraging early budget presentation and passage by the Executive and
   Legislative arms.

Reading the communication from the President addressed to the House of Representatives at its plenary session on Tuesday, 24 July, 2018, the Speaker Yakubu Dogara (APC: Bauchi) stated that the President had declined assent to the Bill in addition to adducing reasons for refusing assent in line with section 9(2) and 58(4) of the 1999 Constitution (as amended).

Some of the reasons given by the President for withholding assent include:

1. (Fourth Alteration Bill No. 8 )“ The Legislature”: The President recommended that section 7 of the Bill be properly redrafted to clearly indicate that it was section 109(1)(e) of 1999 Constitution that is being amended. He also stated that there were existing laws that cater for legislative service commissions, and that prescribing a specific date in the 1999 Constitution for an annual state of the nation address could create practical challenges.

2. (Fourth Alteration Bill No. 15) “The Nigeria Police Force”: President Buhari stated that there was need for section 5(a) of the bill to be amended in line with the marginal note of section 214 of the 1999 Constitution (that deals with the Nigeria Police Force).

3. (Fourth Alteration Bill No. 22)“Consequential Amendment on Civil Defence” President Buhari stated that some of the functions proposed to be undertaken by the Nigerian Security and Civil Defence Corps are currently the responsibility of other agencies of Government. Furthermore, he stated that embedding these functions in the 1999 Constitution may impair future efforts to change the role of the Corps to meet new and emerging challenges.

4. (Fourth Alteration Bill No. 24)” Procedure for Overriding Presidential Veto in Constitution Alteration” President Buhari stated that this Bill appears not to take full cognizance of the provisions of section 9(3) of the 1999 Constitution . Section 9(3) only allows a Constitutional alteration seeking to amend the procedure for altering the Constitution where the proposal is approved by the votes of not less than four-fifths majority of all the members of each House, and also approved by resolution of the House of Assembly of not less than two-third of all States.

5. (Fourth Alteration Bill No. 28) ” Authorisation of Expenditure 2″ President Buhari stated that section 2(b) and section 3(b) of this Bill (which provides for the National Assembly/ House of Assembly to pass an Appropriation Bill before the commencement of the next fiscal year) appeared not to take full cognisance of the provisions of section 58(4) of the 1999 Constitution ( which enables the President to assent or withhold assent within 30 days of being presented a Bill).

However, there are currently two (2) Constitution Alteration Bills before the President awaiting Assent. They are:

1. Authorization of Expenditure to provide for a timeframe for presenting Appropriation Bill- The Bill seeks to reduce the period within which the President or the Governor of a State may authorise the withdrawal of monies from the Consolidated Revenue Fund in the absence of an Appropriation Act from 6 months to 3 months.

2. Judiciary– The Bill has extensive amendments to strengthen the judiciary for speedy dispensation of justice