SUMMARY OF NATIONAL ASSEMBLY V. PRESIDENT OF FRN
MAIN MATTER :
- it’s on Presidential assent, where the President is seen to have decided not to veto (approve) a bill (a proposed Law) the national assembly can pass it by virtue of the togetherness of both house 2/3 majority.
- Another matter is that a quorum (The minimum number of members required for a group to officially conduct business) cannot approve a bill, rather it has to be the 2/3 majority of the the house
FACT OF NATIONAL ASSEMBLY V. PRESIDENT OF FRN
National Assembly v. President of FRN
The President withheld his assent on the Electoral Bill sent to him and 2/3rd
passed a motion to override his veto. The trial judge held that the Act was
validly passed as it was in accordance to Section 58(3) & (5) which stated that
the President can give or withhold assent to any bills passed to him and if assent
is withheld, the veto can be overturned by 2/3rd of the National Assembly. On
appeal, it was argued that the passing of the mere motion to override did not
satisfy the requirements of the section. 2/3rd majority of membership was
required to successfully override the motion not just the ordinary quorum of a
House. 2/3rd of each House was required not just quorum.