At least 34 bills passed by the National Assembly have so far been rejected by President Muhammadu Buhari from the inception of his administration to date, a check by premier newspaper has showed . Only this year, President Buhari withheld assent to 13 bills passed by the National Assembly over various reasons, including constitutional breach, paucity of funds, and others. His action is based on Section 58 (4) of the amended 1999 Constitution that reads: “Where a bill is presented to the President for assent, he shall within thirty days thereof signify that he assents or that he withholds assent.”
Five of the bills were rejected in January, six in March, and eight this month. Twenty of them were rejected in the first three years of his administration. Of all the bills, the amendment made to the 2010 Electoral Act was rejected thrice, a development that set parliamentarians against the executive. In rejecting it, the president picked holes in the timing of the amendment, saying in letters dated December 6, 2018, to the two chambers of the National Assembly: “Any real or apparent change to the rules this close to election may provide an opportunity for disruption and confusion in respect to which law governs the electoral process. This leads me to believe that it is in the best interest of the country and our democracy for the National Assembly to specifically state in the Bill, that the Electoral Act will come into effect and be applicable to elections commencing after the 2019 General Elections.”
The latest set of bills rejected by the president as contained in letters, addressed to the Senate President, Bukola Saraki and Speaker Yakubu Dogara last Tuesday, include the Chartered Institute of Training and Development Establishment Bill 2018, the Nigerian Aeronautic Research Bill 2018,the National Institute of Credit Administration Bill 2018, the National Housing Fund Bill 2018, the Federal Mortgage Bank of Nigeria Bill 2018, the National Biotechnology Development Agency of Nigeria Bill 2018,Ajaokuta Steel Company Completion Fund Bill, 2018 and the SME Development Agency Bill, 2018.
In March, Buhari declined assent to six bills, namely the Nigerian Film Commission Bill, Immigration Amendment Bill, Climate Change Bill, Chartered Institute of Pension Practitioners Bill, Digital Rights and Freedom Bill, and National Oil Spill Detection and Response Agency Act (Amendment) Bill, all dated 2018.
Also in January, the president declined assent to five bills, including the Revenue Mobilization Bill, Allocation and Fiscal Commission Amendment Bill (RMAFC), Bankruptcy and Insolvency Bill 2018, Federal Polytechnic Amendment Bill, Maritime Security Operations Coordinating Board Amendment Bill, and Energy Commission Amendment Bill, all dated 2018.
Previously, President Buhari had rejected the Petroleum Industry Governance Bill, Stamp Duties (Amendment) Bill, Electoral Act (Amendment) Bill, Industrial Development (Income Tax Relief) (Amendment) Bill, National Research and Innovation Council (Est.) Bill, National Institute of Hospitality and Tourism (Est.) Bill and National Agricultural Seeds Council Bill.
Others are Chartered Institute of Entrepreneurship (Est.) Bill, Advance Fee Fraud and Other Related Offences (Amendment) Bill, Subsidiary Legislation (Legislative Scrutiny) Bill, Nigerian Maritime Administration and Safety Agency (Amendment) Bill as well as five constitution amendment bills. Also rejected were National Transport Commission Bill, Federal Road Authority (Establishment) Bill, National Broadcasting Commission Amendment Bill, National Oil Spill Detection and Response Agency (NOSDRA) Act (Amendment) Bill, and Federal Polytechnics Act (Amendment) Bill.
Reasons for the latest rejections
In rejecting the Ajaokuta Steel Company Completion Fund Bill of 2018, Buhari said appropriating $1 billion from the excess crude account, which the bill had provided for is, “not the best strategic option for Nigeria at this time of budgetary constraints.
On the Chartered Institute of Training and Development Establishment Bill of 2018, the president said he declined assent to the bill because of concerns that the institute does not possess the capacity to undertake the numerous duties and responsibilities imposed under the act.
For the National Biotechnology Development Agency of Nigeria Bill of 2018, Buhari said the bill doesn’t include the Ministry of Agriculture and Rural Development within the governing board of the agency. He also blamed drafting issues and errors in the bill. Also on the Nigerian Aeronautic Research Bill of 2018, Buhari said there were “many inconsistencies” in the bill and it is not in tandem with relevant international civil aviation regulations”.
On the rejection of the National Institute of Credit Administration Bill of 2018, the president said it is because the provision that every member of the staff of banks and other financial institutions should hold a National Institute of Credit Administration licence before practicing as credible managers.”
In rejecting, the National Housing Fund Bill of 2018, the president expressed concern over the various levies and obligations imposed by some sections. “The compulsory investment requirement imposed on commercial banks, merchant banks, insurance banks and pension fund, administrations of the minimum of 10% profit before tax into the National Housing Fund will be destructively punitive to a number of industries and sectors of the Nigerian economy including cement, manufacturing, banking, insurance, pensions and may also adversely affect the average Nigerian worker,” he said.
Similarly, the president said he declined assent to the Federal Mortgage Bank of Nigeria Bill of 2018 over its failure to spell out in detail the required qualification and experience threshold of the directors and senior management staff with specific reference to developmental banking, risk management, and mortgage loan administration experience.
In denying assent to the Small and Medium Enterprises Development Agency Bill of 2018, the President cited Section 32 of the Small and Medium Enterprises Development Agency Bill 2018 as one of the reasons.
Our correspondents reports that similar reasons, including infractions and duplication of responsibilities of existing agencies and financial constraints, were cited for the rejection of the bills.
But in a few cases, the observations and reservations expressed by the president had been addressed by the lawmakers, and the bills assented to.
Lawmakers react
A member of the House of Reps, Mohammed Tahir Monguno (APC, Borno) told Premier News hat Buhari’s rejection was in order as he has the constitutional powers. He said the president has “serious respect and regard” for the National Assembly, which was why he always communicated his decision to withhold assent to a bill to the legislature. He added that what Nigerians should be concerned about was the number of bills signed into law by the president, rather than those that the president did not assent to.
The Borno lawmaker said so far, available records showed that the president signed over 100 bills into law, which he said was unprecedented as no Nigerian president has ever done so. “Each time he rejects a bill, he gives cogent reasons.”
Chairman, House Committee on Media and Public Affairs, Abdulrazak Namdas (APC, Adamawa), told our correspondent Saturday observed that while some of the bills were rejected on merit based on genuine reasons, others were not. “Some of the bills have been rejected over excuses as minor as typographical errors. I think that’s unwarranted because even after signing a bill, the lawmakers themselves can still effect relevant typographical changes to the document. In the amended Electoral Act, for instance, there were things the president said we should remove, and we did that, but the bill was eventually rejected,” he said.
Timothy Golu (PDP, Plateau) said lawmakers are unhappy over President Buhari’s “politically-motivated” rejection of bills passed. “There is a political calculation by the president in knocking out these bills under flimsy technicalities. He sees the National Assembly as an enemy and competitor, rather than a partner in progress. He only signs bills he thinks would favour his political calculations, such as the Not Too Young To Run Bill and the Minimum Wage Bill.
Golu added: “Sincerely, his actions are killing the morale of the National Assembly. Every law is a process; no law is perfect. But laws undergo amendments to fit changing circumstances. The 2019 elections were marred by irregularities because he refused the amendments proposed by the lawmakers.” On whether the lawmakers plan to override the president on some of the rejected bills, he said there is little or no time left for such lengthy processes.
In contrast, Johnson Agbonayinma (APC, Edo), advised his colleagues to focus on how to make Nigeria a conducive environment for foreign direct investments rather than dissipating useful energy on Mr. President’s exercise of his constitutional rights. “If the National Assembly is not satisfied, they could muster two-thirds majority to override him. But I can tell you, nobody is interested in that now,” he said.
For Ossai Nicholas (PDP, Delta), however, most of the reasons given by the president in rejecting the bills were invalid, adding that “a time shall come when the lawmakers would be courageous enough to override Mr. President.”
However, the body language of most lawmakers, including Namdas, Golu, Agbonayinma and Ossai, suggest that with the time available to 8th Assembly, the House may not cope with the exigency of overriding Mr. President.
Parties link delay to executive-legislature feud
Some opposition party leaders who spoke with our Saturday correspondent expressed dismay over the huge number of bills declined presidential assent, but attributed it to lack of cohesion between the executive and legislative arms of government.
The National Chairman of the Action Democratic Party (ADP), Engineer Yusuf Sani Yabagi, attributed the delay to lack of unity within the ruling party despite its majority in the National Assembly, as well as recurring executive-legislative friction. The ADP presidential candidate in the last election, said all issues regarding bills should have been resolved at the caucus of the party. “The crisis we find ourselves in, is due to the fact that the executive has a kind of autocratic approach to issues, dismissing the importance of having cordial relationships with other arms of government like the legislature and the judiciary. Without a cordial relationship with these two arms, certainly the business of government will suffer setbacks. And I think this is one of them.”
A former presidential candidate and current National Chairman of the United Progressives Party (UPP), Chief Chekwas Okorie, said: “The 8th Assembly is very incompetent in drafting their bills. There is something fundamentally wrong where these bills are drafted. Another point of view is lack of harmony between the 8th Assembly and the executive. I advise the incoming 9th Assembly to do things differently.”
Similarly, the presidential candidate of the National Conscience Party (NCP) in the just-concluded elections and current National Chairman of the party, Dr Yunusa Tanko, said the rejection of such number of bills by President Buhari showed lack of harmony between the legislature and the executive. He said it is incumbent on the Presidency to find a way of halting any bill that emerges on the floor of the National Assembly which is perceived to be against the interest of the government or people, without necessarily allowing it to pass through several readings and getting to the president for assent.
“Once both chambers of the National Assembly sit and deliberate on a bill, the president, who is just one person, should not reject it, because that won’t augur well for our democracy. For God’s sake, 26 bills are too many. But at the same time, I think it’s lack of harmony between the National Assembly and the executive arms that is responsible for this,” Dr. Tanko, a former chairman of Inter-Party Advisory Council (IPAC) said.
Similarly, current Chairman IPAC and National Chairman of the Progressive Peoples Alliance (PPA), Chief Peter Ameh, said the one that broke his heart was the Ajaokuta Bill which was rejected assent by Buhari. He said the bill, if assented into law, would have created job opportunities for the teeming unemployed Nigerians, and reduce poverty in Kogi State.
Also reacting, the Democratic People’s Congress (DPC) berated President Muhammadu Buhari for withholding assent to the scores of bills. National Chairman of the party, Rev. Olusegun Peters, said that the president doesn’t have enough reasons for his refusal, especially for the Electoral Reform Bill.
“President Buhari doesn’t have enough reasons to refuse to sign the Electoral Bill. It was due to APC plan to rig the 2019 polls. Moreover, by not signing, his actions have tainted the elections. But I’d like to call on our courts of law to look into the results and processes seriously, and do justice,” Peters said.
Lawyers react
Lawyers, said the non-assent to bills by the president is not an impeachable offence under the law. They explained that the Constitution, under Section 58 (4) and (5), has explained what should be done after 30 days of same being forwarded without president withholding his assent.
Abeny Mohammed (SAN), said the only way is for both chambers of the National Assembly to make the bill an Act of Parliament, is to come together and pass it with two-thirds majority to support the passage.
Barrister Esther Uzoma, coordinator of Proactive Gender Initiative, said as the president, in his wisdom, has declined signing the bills, then it is now up to the National Assembly to explore other options. “To either veto them, or harmonise with the executive and bring them to the level that are acceptable to the president to sign. The most important thing is that these bills are made for the good of Nigerians and should see the light of day,” she said.
Kalu Onuoha Esq., said although refusing to assent to bills qualify as a setback to the legislative business, it is not an impeachable offence. “But where the National Assembly is not satisfied, it can veto the bill by two-thirds majority,”
Also, Obioma Ezenwobodo Esq., described the non-signing of bills by the president as political power play, influenced by political differences and interests, explaining it as a major factor on why legislative vetoes may not succeed. He described as regrettable that citizens are suffering over the non-signing, while public resources are wasted in the process.
Abuja-based constitutional lawyer, Professor Agbo Madaki, referred to Section 58 (5) of the Constitution (as amended). “It provides that ‘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’
