Section 58 (4) and (5) of the Constitution provide that:

“(4) 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.

(5) 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.”

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#Procedure_Summoning_Disolution_NatAss

However, to override the President the National Assembly would require 2/3 majority of both house which implies 73 Senators and 240 house of Rep members.

This is based on an Appeal court judgement of 2003 in a case involving the National Assembly and the President FRN

In the said case, the Court of Appeal in a lead judgment delivered by cerebral Justice Oguntade, JCA (as he then was; later JSC, and currently the Nigerian High Commissioner to the UK), interpreted ‘two-third’ to mean two-third of the entire two Houses, i.e, Senate and House of Representatives. The court held that to override the president’s veto of a bill, each House must garner 73 (Senate) and 240 (House of Representatives) members votes respectively, as representing two-thirds. Said the court: “Its ordinary meaning, two-thirds majority of each House can only mean two-third of the membership of each House of the Senate and the House of Representatives. It cannot mean anything else.”

https://sunnewsonline.com/sans-raise-saraki-hope-majority/

Explaining further, Oguntade, JCA stated as follows:

“Further, section 58(5) provides that a bill must be passed again by “each house by two-thirds majority”. I observed earlier that Sections 48 and 49 of the Constitution set out the composition of the Senate. It is three senators from each state of the Federation and one from Federal Capital Territory Abuja. Thus, 5 the number of the Senators should be 109. Under section 49 the House of Representatives is composed of 360 members. Giving Section 58(5) its ordinary natural meaning, two-thirds majority of each House can only mean two-third of the membership of each of the Senate and the House of Representatives. It cannot mean anything else. The section has no relationship with the ordinary quorum of each House. It does not employ a language referable to a proportion of the membership of each House. It is two-thirds of each of the whole of the Senate and the House of Representatives.

In order to override the president’s veto there must be at least 73 members in the Senate and at least 240 members in the House of Representatives. But as I observed earlier, when the Senate made a motion of veto to override the Bill on 25/9/2002, there were only 55 senators present. In the House of Representatives on 26/9/2002 when a motion of veto override was made there were only 204 members. Clearly therefore, the appellant was not properly constituted when the Bill was passed into law on 25/9/2002 and 26/9/2002. The appellant was also not following the Section 58(5) of the Constitution when instead of passing the bill again, it merely made a motion called “motion of veto override”.

The lower court was, therefore, in error to have taken the position that what was needed to pass the bill was the ordinary working quorum of the appellant and that the “motion of veto override” was in order.”

While concurring with the lead judgment in the same case, Oduyemi, JCA declared as follows: “The normal rule of interpretation of the constitution or of any statute for that matter is that general provisions must give way to special provision – see A-G., Abia State v. A-G., Federation (supra). By virtue of that argument, I am convinced that the special provision of 2/3 majority of each House or of a joint sitting of both Houses take supremacy over the general provisions of the statute with regard to quorum and a simple majority contained in sections 54 and 56 of the Constitution. In the event, I am of the view that what is required in a proper application of section 58(5) of the Constitution is for the Bill to be supported by at least 73 members of the Senate and be supported by at least 240 members of the House of Representatives at a repeat third reading of the Bill.

https://www.tribuneonlineng.com/159599/

Given the above judgement, we can safely conclude that with regard to Legislative Veto of Executive Assent, the vote of two-thirds majority of all the members of the House is mandatory. Can this be Number be mustered by both chambers given the prevailing political atmosphere on ground now?

Dreams that can never come true.

Let the opposition go and garner the 2/3 vote from Abia, Oshogbo, alaba market

Very impossible.

This kind of piece should be encouraged in the social media not ranting and calling others all sort of names. Going by the law, it will be very difficult to form a quorum talk more of getting two-third as recommended by law. Except Saraki and his cohort would want to do another "abrakatabra"

The only reason Saraki is still senate president is because APC couldn’t muster the required number to impeach him. The same reason is why PDP cannot override the president’s veto in the case of the electoral act. The leadership of the National Assembly should dialogue with the executive and resolve grey arrears in the bill instead of trying to use the media to stampede the president into signing.

Buhari should tear the kangaroo bill by the rogues.

Not in Nigeria

Saraki!

Pmb pyo

Ok

Indeed they can...... But would they?

Kudos baba.

seunmsg:
The only reason Saraki is still senate president is because APC couldn’t muster the required number to impeach him. The same reason is why PDP cannot override the president’s veto in the case of the electoral act. The leadership of the National Assembly should dialogue with the executive and resolve grey arrears in the bill instead of trying to use the media to stampede the president into signing.

Mr there's no stampeding here. Even if the bill was propanded by angels and heavenly beings with zero Grey areas, buhari would still not sign it because he fears the consequences on his reelection bid rigging plans.

So don't try to be smart by half....dialougue my black as5

Life is o me I do you. Saraki being served the same way he has been playing his maradonna game. Go and gather the 2/3.

seunmsg:
The only reason Saraki is still senate president is because APC couldn’t muster the required number to impeach him. The same reason is why PDP cannot override the president’s veto in the case of the electoral act. The leadership of the National Assembly should dialogue with the executive and resolve grey arrears in the bill instead of trying to use the media to stampede the president into signing.

What are the grey arrears in that Bill?


BUHARI gives different reasons on each occasion the Bill is presented to him.

Yep. On any matter for that reason but it is hard... very hard.... damn hard.... mission almost impossible..... and will be prolonged, atrocious, wasteful of time and treasure.... bribes giving and taking, messy...and will keave all parties all but discredited.

I love the principle of separation of powers for one reason. It hold power accountable, it humbles the proud and reins in the unruly. Tnere is no reason the President should assent to what he does not want and there is no reason for the NA to assent to what they do not want. So Mr. President can and may win this but he should know that from here on in it will be super rough and tough for him to get any thing else done constitutionally. They will simply delay, frustrate and make him a lame duck.

That is why both parties must negotiate. That is why both parties must conceede to make things happen. That is why I love the separation of powers. That is why democracy is good.... of course speaking of true democracies.

Bubu till 2023

mknigeriagreat:
Life is o me I do you. Saraki being served the same way he has been playing his maradonna game. Go and gather the 2/3.

Lol...Saraki or any politician is not bn served but you and other Nigerians.

PointZerom:



What are the grey arrears in that Bill?


BUHARI gives different reasons on each occasion the Bill is presented to him.

do you mean Jubril?

APC wants to rig 2019 election by all means. These guys are desperate

seunmsg:
The only reason Saraki is still senate president is because APC couldn’t muster the required number to impeach him. The same reason is why PDP cannot override the president’s veto in the case of the electoral act. The leadership of the National Assembly should dialogue with the executive and resolve grey arrears in the bill instead of trying to use the media to stampede the president into signing.

Keep singing till they shift the rug from buhari feet

bishopkay:


Mr there's no stampeding here. Even if the bill was propanded by angels and heavenly beings with zero Grey areas, buhari would still not sign it because he fears the consequences on his reelection bid rigging plans.

So don't try to be smart by half....dialougue my black as5

Of course. President Buhari is not obliged to do anything not in his favour. Who does that. There is no leader on earth who will pull the trigger that will amount to his own political suicide so please be realistic here. It behoves in the NA to play the politics that is required for it to 'get things done' and this is done in modern politics by horse trading, by crearing a zero sum scenario and forcing the President to make what amounts to a Hobson's choice. Unfortunately most in the NA are not that smart. Rarely will you see in modern politics stand alone issues of great importance being battled for. We must evolve our polity so that we posses the carrot and stick mentality at all times. Politics is like chess. You either have incentives at hand or create multiple strike positiins to give your adversary no easy options.

bishopkay:


Mr there's no stampeding here. Even if the bill was propanded by angels and heavenly beings with zero Grey areas, buhari would still not sign it because he fears the consequences on his reelection bid rigging plans.

So don't try to be smart by half....dialougue my black as5

There is no need to be smart by quarter Buhari is not signing the bill n you can go to hell or simply do your worst.

this country is a joke.

PDP will get the required 2/3 if they add the number from the Upper Iweka, Ochanja market, Nkporkiti junction and lastly from the large number of the PDP Nairaland e warriors.Fugivite party

People should be concerned with the content and nothing more. Is the content good for our democracy?
Today, the party you have sympathy for is at the receiving end, tomorrow the table mighty turn around, because I know, most of you do not benefit anything from the party, the highest you get is N30k brain drain money you get per month which will cease after this election.

I came across this in one of the threads and I was like, the problem is not our leaders but you and I that have allow sentiment to hinder our progress in this country.

https://www.youtube.com/watch?v=or3ulCCt6zk

We should advocate for a strong institution, institution that no matter who is the president, people have the upper hand. Tell me, how many of the politicians out there are as intelligent as you are? Very few, most of them were once political tugs and you are here supporting the lawlessness.

Of course, this cuts across all the political parties.

helinues:
Dreams that can never come true.

Let the opposition go and garner the 2/3 vote from Abia, Oshogbo, alaba market

But why is your Slave master buhari scared of assenting the bill??

DerrickzB:


But why is your Slave master buhari scared of assenting the bill??

Point of correction. I see Buhari as a good leader not a slave master.

I can bet with my blokos that you had no idea of the reasons why Buhari rejected the bills 4 times.

No need of arguing with you.