Speaking on Channels Television breakfast show Sunrise Daily, the lecturer of law with the Department of Law, University of Lagos, explained that the use of words such as ‘shall’ and ‘summon’ in some of the Act’s stipulation is geared at withering the President’s power of discretion in addressing the National Assembly as stipulated in Constitution.
He urged Nigerians not to see the lingering crisis between the Presidency and National Assembly over State of the Nation Act as a conflict, noting that the major problem with the State of the Nation bill is the way the law was drafted, as some of the bill’s stipulation is in contravention of the Constitution.
He also welcomed amendments demanded by President Goodluck Jonathan which amongst other things, seek to allow him send a representative to deliver the address if he is not disposed.
The lawyer also advised the lawmakers to probably amend the section of the Constitution which gives the President the power of discretion on the State of the Union Address before coming up with the new law which will ‘mandate’ the President on the address.
Mr Shittu said the legislative drafter who is charged with the responsibility of drafting a law must ensure that the law that he purposes to draft must not contravene in the constitutional law of the country, stating that “law must not contravene constitutional provisions.”
The lawyer added that the legislative drafter must ensure that the law which he intends to draft does not run fowl of the fundamental rights provisions of the law.
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