NASS Lacks Powers To Summon Governors – Falana, Others

Human rights lawyer Femi Falana (SAN) has faulted the summons on two state governors, insisting that national lawmakers do not have the power to order a governor or  speaker of a state to appear before them.

Falana said, “They do not have such powers. There is no law that grants them such powers, and they cannot hide under Section 82, which only allows them to issue summons when they are amending laws or investigating money they have appropriated. So, how does a governor fit into this?

In a chat with LEADERSHIP Sunday, Falana said, “Their powers are not unlimited. They cannot summon a governor because the governor accounts for appropriated funds in the House of Assembly of his state. They simply cannot do this.

“We have taken this matter to court and obtained an order against them in the case of Sterling Bank versus the Senate.

“You can only summon a public official if you are investigating fraud related to money they have appropriated or if you are in the process of making a new law. Therefore, there is no general authority to summon anyone.

“For example, while the National Assembly can order the arrest of government officials who ignore their summons, can they arrest a governor? You cannot exercise powers you do not possess.

“They seem not to understand that we operate under a federal system. There is no direct link between the National Assembly and a state governor; the governor is not bound by laws made by the National Assembly,” Falana stated.

A constitutional lawyer, Dr Tunji Abayomi, also said the Reps cannot summon them.

He said if the governors failed to answer the summons, they would suffer no consequences

“The governors cannot be summoned by the National Assembly, they don’t have such powers.  If the governors refuse to honour the summon or ignore it, nothing will happen to them”, he said.

On his part, Dr Wahab Shittu (SAN) and lecturer at the University of Lagos explained their two schools of thought on the issue.

Shittu said, “There are two perspectives to the argument. The first perspective is the argument that the National Assembly can neither summon a Governor nor takeover a functioning state House of Assembly.

“The contention is that such summons will be in breach of the principles of federalism.

The other perspective is the argument that supports such summons based on the following considerations.

“This will depend on the subject matter of the invitation. Does the invitation relate to matters on the exclusive list? Does it relate to matters on the concurrent list? Or matters on the residual list?

“Matters on exclusive and concurrent lists can be subject matter of invitation since the National Assembly can legislate on such matters. However, matters on the residual list are exclusive to states, so the National Assembly may be unable to summon state governors on such issues.

Generally, state governors may need to explain matters bordering on national defence, safety, security, law and order, and connected matters.

Hence, an invitation on such matters will be appropriate. It will also be appropriate on matters relating to a declaration of a state of emergency,” he said.

About two weeks ago, the House of Representatives summoned governors of Zamfara and Benue state over rising cases of insecurity in the states.

The governors shunned the summons and have been given another seven days to appear before the lower chamber.

Also speaking with our correspondent, Dr Ahmed Raji (SAN) called for caution and healthy collaboration between the House of Representatives and the governors.

He proffered solutions to the issue between the reps and the governors.

He said, “Security is a matter that affects everybody. It is a matter over which it will appear the federal government has more role to play. In terms of legislative instrument, the National Assembly has the responsibility.

“While I will not completely concede that the governors can be summoned like the head of any federal agency or minister, I am, however, persuaded that there should be healthy collaborations between the state governors and the National Assembly in the interest of all of us, particularly, the affected states.

“To avoid ego problem, I’ll suggest that the National Assembly seek audience with either directly with the governors or through the governors’ forum where they can have healthy discussions

A professor of law and former attorney general of Abia state, Chief Awa Kalu, SAN, shared the views expressed by Mr Falana.

According to him, the Reps can summon them to come and make explanations on issues that affect them.

“The House of Reps has the powers to summon anybody in respect of a matter the National Assembly can make laws or legislate. They can call them to come and make one or two explanations on issues that affect them,” Kalu said.