The Organised Private Sector of Nigeria (OPSN) has raised the alarm over the recurrent activities of the National Assembly (NASS) which are not only a distraction to organised businesses, but also have the potential to demotivate genuine investors.
OPSN noted that the move could frustrate the Ease of Doing Business initiative of the federal government and set a dangerous precedence of deviance to the time-tested principle of Separation of Powers in Nigeria.
Speaking in Lagos, the directors-general of the Organised Private Sector of Nigeria, comprising the Manufacturers’ Association of Nigeria (MAN), Nigeria Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), National Association of Small-Scale Industrialist (NASSI), National Association of Small and Medium Enterprises (NASME) and Nigeria Employers’ Consultative Association (NECA), stated that “recent activities of various Committees of the
National Assembly, such as inviting and requesting managing directors of businesses to appear and also submit documents for the purpose of an investigation is worrisome.”
The bodies also said though they had written several times to the committees informing them that the action is not only a distraction to organised businesses but also a usurpation of the powers and responsibilities of the executive arm of government, yet they keep repeating the invitation.
Speaking further, the directors-general expressed that “our understanding of the powers conferred on lawmakers by Sections 88 and 89 of the Constitution is for the exercise of oversight functions on public sector agencies.
“We, honestly, cannot find any support in the aforementioned Sections for investigations of Private Companies. In our view, the Legislature cannot make law and supervise its execution. We strongly believe that the intended investigation falls within the prerogative of the Executive Arm of the federal government.”
The crux of the matter is the determination of the extent of legislative investigatory powers as contained in sections 88 and 89 of the 1999 Constitution, especially how it applies to Businesses in the private sector. The case also challenged the grounds relied upon by the Committees to invite companies in the private sector.
The directors general expressed worry that despite rules within the NASS to the effect that where cases are in court, it should be respected and no action should be taken until its conclusion, yet the lawmakers are not adhering to this rule, even when they are parties in the matter and the case is still pending in a court of competent jurisdiction.
While urging restraint and stoppage of the invitations, the OPSN leaders urged NASS Committees to tarry for the court to make pronouncement rather than continue the unabated harassment of legitimate business owners.
“Businesses are already faced with myriads of challenges and it will be counter-productive for some Committees of the NASS to constrain the wheel of the most productive sector of the economy, organised businesses. More so, the NASS Committees appear to be contravening the NASS Rule by still taking action on a matter that is before a court of competent jurisdiction.”
