CONSTITUTIONAL LAW — Legislation — Constitutional Amendment — Assent of President Required
Ratio Decidendi
Per Adekeye, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at pp. 30—31; Paras A—D:
"The consent of the President to a Bill in respect of the Constitution of any country in the world particularly in Nigeria is an exercise of Federal Legislative power. Such Bills must be passed by both the Senate and the House of Representatives and assented to by the President. ... 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. This was not the position during the passage of the alteration Bills."
Explanation / Scope
This principle establishes that constitutional amendment Bills require passage by both legislative houses and presidential assent, unless re-passed by two-thirds majority, in which case assent is not required. The principle applies in constitutional amendments. It ensures that amendments follow the proper procedure. The principle reflects the requirements for amendment. It prevents invalid amendments. The court must apply the procedure. The principle provides guidance on constitutional amendments.