The Veto Becomes an Issue Againwhy What Is the Congressional Mechanism for Overriding a Veto
By Runsewe Solomon
A presidential veto is a constitutional mechanism that enables an elected head of country to pass up assent to a legislative bill (proposed law) that has been passed past the legislature, but not yet finally enacted.
The promise classics spoke with legal practitioners on the matters. Excerpts;
After a Pecker has passed through all the necessary steps at the National Associates which includes the FIRST, SECOND, THIRD reading, a make clean copy of the said Nib is made and sent to the President for his Assent.
However, if the President is not in agreement with the said Bill, he can withhold his Assent and refuse to sign the Beak into Constabulary. If he withholds it, information technology is known equally VETO.
Now, if the President'south refuses to assent the Pecker, the Bill is sent back to the National Assembly for correction to what the President wants.
Withal if the National Assembly is non interested in doing it the way the President wants, a two-thirds majority of the Members of the National Assembly can go forward and sign the Neb and it becomes Police force.
If the two-thirds majority signs it, it does not require the assent of the President anymore and in that location is cypher the President can do virtually it. The Pecker volition become Police force.
In the contempo past, the President of the Federal Republic of Nigeria, President Muhammadu Buhari GCFR, has refused to give his assent to several bills forwarded to his office for his approval by the National Assembly. The President's refusal to assent to the bills has been a cause for concern to many Nigerians. Prominent amidst the bills to which the President refused assent are the Nigerian Picture show Commission Nib 2018, the Chartered Institute of Pension Practitioners of Nigeria Beak 2018, the Immigration Subpoena Bill 2018, the Climatic change Bill 2018, the Digital Rights and Freedom Bill 2018, the Chartered Constitute of Preparation and Development of Nigeria (Establishment) Bill 2018, the Nigerian Aeronautic Research Rescue Nib 2018, the Federal Mortgage Banking company of Nigeria Bill 2018, the National Housing Fund Bill 2018, the National Institute of Credit Administration Bill 2018, the National Bio-Engineering science Evolution Agency Beak 2018 likewise every bit the Ajaokuta Iron and Steel Completion Fund Bill.
The President cited several reasons for refusing assent to the bills. The reasons include, infractions on extant laws, duplication of responsibilities of existing agencies, and fiscal constraints attributable to prevailing economic circumstances. For example, the President in his refusal of assent to the Ajaokuta Iron and Steel Completion Fund Bill stated in one of the letters to the Senate President, that appropriating $1billion from the Excess Rough Account, as requested for in the pecker past the federal lawmakers was not the best strategic pick for Nigeria at the time of budgetary constraints. According to the President, "the Nation cannot beget to commit such an corporeality in the midst of competing priorities with long term social and economical impact that the funds can be alternatively deployed towards".
While some people in some quarters believe that the President's reasons for declining assent to the bills are justified, some others believe that such decisions are a set up setback to the development of our laws.
The overriding ability withal resides with the National Associates to consider the expedience of each of the bills to which the President has refused assent and to determine if information technology would have the passage of the bills a stride further.
The President may veto the Nib if he disagrees with its provisions or some aspects of it, past withholding his/her signature. When this happens, the President tin state the areas he wants amended before he signs the Bill (Danwanka, 2017). If the National Assembly agrees with the President the Nib can be withdrawn for deliberation on the amendments suggested by the President.
If the amendments are agreed to, information technology is forwarded to the President who then assents to it.
The President is as well empowered under the Constitution to veto the Bill. If the National Assembly does not agree with the veto, information technology is empowered to overrule the President's veto as prescribed in section 58(5) of the 1999 Constitution (equally amended).
This states that if the Bill is again passed by each House by ii-thirds majority, the Bill shall become police and the assent of the President is non necessary.
Presidents veto power is the ability of a democratic caput of state to refuse assent to the neb passed by the National Assembly (legislative arm of the government) The power of the president to veto a bill is unsaid in nature and as a thing of fact presidential veto power is an instrument to check the excesses of the Legislative arm of regime.
President veto power plays a vital role in maintaining the nation's national involvement both domestic and international relations with other countries and as a matter of fact if the president veto is maintained positively it volition heighten and protect governance and likewise the land'south legal system. It is trite that in the procedure of passing to beak at the National assembly the presidential Assent is cardinal for the nib to become an Act but in a situation whereby the president refused to give assent to the Bill then important reasons and grounds for the refusal must be given for this action.
This simply means before the president can veto his ability on a beak there are some steps to be taken for the presidential veto power on bill is non automated In improver whenever the president receives a beak from the National assembly while awaiting the presidential assent its left for the president to make enquiry past constituting a torso,institution,bureau or a person who is specialized in the area of the bill to give report most the effects of the pecker.
Information technology is the duty of the president through his constituted machineries to consider the following factors which some schoolars regarded as the repugnancy test 1. Whether the pecker is believed to be fair, only and right to humanity. 2. Whether the bill is not against the public policy and public opinion. 3. Whether the nib is not against natural witting and disinterestedness From the above cited factors the issue of corruption will be put to test and some other factors to be considered.
If Assent is given to the pecker what will be the outcome and effect on the country both in country's present situation and its effect in the time to come. Another factor to consider is that will the bill if Assent is given how feasibly is the practicability of the Deed, will it exist Consequent? Some other is the nib not in contradiction with other Acts in being and will this act Repeal the other Deed?, These are those factors the president will consider before giving Assent to a bill.
After all these equally been considered ,it is at present left for the president to inform the National assembly Formally through writing or report why he is exercising his veto power over the bill. Even though the National Assembly have the ability to think for the bill if the president refuse to sign the beak into an Deed when his reasons are not satisfiable enough to the National Assembly members , and then members can recall for the bill and then vote in support in other to make it an Act and this can merely be washed simply when we have 2/3 majority (super bulk not just elementary majority) of the National Associates members that are in support of the bill to become an Human activity.
In a situation where the Presidential study satisfy, is correct and is 18-carat, will there be need for the house members to recall for the bill and if they practise despite the alert of the president about the negative consequence of the bill on the state thing then the president tin can approach the court in other to cease them where both parties(sides) will take to come up and state there reasons.
In one case both chambers of Congress have each agreed to the bill, it is enrolled – that is, prepared in its final official form and then presented to the President. Beginning at midnight on the endmost of the twenty-four hours of presentment, the President has 10 days, excluding Sundays, to sign or veto the bill. If the bill is signed in that 10-mean solar day period, it becomes law. If the president declines to either sign or veto it – that is, he does non human activity on information technology in any mode – then it becomes police without his signature (except when Congress has adjourned nether certain circumstances).
If the President vetoes the beak, it is returned to the congressional chamber in which information technology originated; that sleeping room may attempt to override the president's veto, though a successful override vote requires the support of two-thirds of those voting. If the vote is successful, the other sleeping room then decides whether or not to attempt its own override vote; here, also, a successful override vote requires ii-thirds of voting members to agree. Only if both chambers vote to override does the nib becomes law notwithstanding the President's veto. A successful override of a presidential veto is rare.
Afterwards the bill is passed by both Chambers it is sent to the President for his approval or his signature, which if granted creates a Public Police force. When a President comments on and refuses to sign a bill it is known as a veto. A vetoed nib may return to Congress for reconsideration.
If the President does not act within ten days the beak automatically becomes constabulary. If Congress adjourns during the 10 days afterwards the bill is sent to the President and he does not sign it, the neb is automatically vetoed. This process is also known as a pocket veto.
A legislative nib that has successfully passed in the House of Assembly tin can become a police force whether or not the President (or the executive) vetoes it.
The executive can refuse to assent to the bill so as to prevent enactment or cause reconsideration. When this happens, the legislature can proceed to brand the pecker a law after 30 days of sending the pecker to the executive for assent. This ways that the veto can exist overridden merely by a two-thirds vote in both the Senate and the Firm and the beak becomes law over the President's objections.
Note that if the President vetoes the bill it is sent back to the legislature with a annotation listing his/her reasons. In order to laissez passer the vetoed pecker, the sleeping accommodation that originated the legislation can attempt to override the veto by a vote of two-thirds of those present (Usually an act is passed by a simple majority). If the veto of the bill is overridden in both chambers then it becomes police.
This check prevents the President from blocking an act when significant support for it exists.
A presidential veto is a constitutional machinery that enables an elected head of state to refuse assent to a legislative bill (proposed law) that has been passed past the legislature, but not however finally enacted. The upshot of the presidential veto is to stop the bill from becoming law, unless the veto is overridden according to a constitutionally prescribed process which normally involves a two third conclusion in the legislature. The grounds on which the veto power may exist exercised and the difficulty of overriding the veto vary between jurisdictions.
This Primer focuses on the legislative veto power in presidential and semi-presidential democracies, where popularly elected presidents exercise substantial powers and are expected to play a relatively agile political role. The veto power can be a powerful tool, in such systems, in strengthening the president's influence over policy and legislation. The Primer also mentions vetoes exercised by heads of state in parliamentary democracies, just only in brief. Historically, the veto power was intended mainly as a passive instrument to protect the constitutional separation of powers and the rights of citizens every bit part of a organization of checks and balances. It retains this function in many cases simply has as well emerged equally an instrument of inter-institutional policy bargaining in democracies characterized by presidential leadership.
The veto power puts great ability and responsibleness in the hands of one person:
why should one person's decision outweigh the conclusion of a whole legislative associates? Excessive presidential veto powers may unbalance the working human relationship betwixt the executive and legislative branches, resulting in a combination of autocracy and deadlock.
Source: https://www.thehopenewspaper.com/can-the-president-veto-a-bill-passed-by-the-national-assembly/
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