- Senate, Attorney General Ask President To Claim Executive Privilege
The Senate has openly expressed its displeasure over the House of Representatives’ invitation to President Muhammadu Buhari to appear before lawmakers.
The New Diplomat reported Wednesday, that the upper chamber has since backed out of the summon that originated from the lower chamber, asking Buhari to appear before a joint sitting of the National Assembly to give explanation on the disturbing state of security in Nigeria.
The presidency has earlier announced that President Buhari would honour the invitation by the House of Representatives at 10am on Thursday. But Buhari shelved the plan after the Progressive Governor’s Forum, an umbrella body of Governors belonging to the All Progressives Congress (APC) fold reportedly prevailed on him to ignore the invitation, over speculations that there might be booby traps ahead.
While the House of Representatives’ members are still insisting on the President’s appearance, the Senate has taken a different stance.
Without any equivocation, Deputy President of the Senate, Senator Ovie Omo-Agege repudiated the green chamber, saying it lacks power to summon the President.
Omo-Agege who spoke to newsmen, Wednesday, in Abuja faulted the action of the Green Chamber.
Omo-Agege argues that there was need for members of the House of Representatives to respect the principle of seperation of powers as contained in the 1999 Constitution of the Federal Republic of Nigeria, noting that the President can claim executive privilege at any time any of such invitation is extended.
“We have three equal arms of government. The framers of our constitution did not envisage that one arm of government will be summoning the head another co-equal arm of government to come and offer explanation on the floor.
“It is not envisaged by the framers of the constitution that a day will come where the President of the Federal Republic of Nigeria who heads the executive arm would be asked to come and testify in the House of Representatives or the Senate,” he added.
The Deputy Senate President said, “I am a constitutionalist. I believe that we are operating a presidential system of government. I believe in the concept of the separation of powers.”
In similar vein, the Attorney General of the federation, Abubakar Malami in a statement on Wednesday said the President could not be summoned, but could freely address the National Assembly as he deems it fit.
“Mr President enjoys constitutional privileges attached to the office of the President, including exclusivity and confidentiality investiture in security operational matters, which remains sacrosanct.
“The management and control of the security sector is exclusively vested in the President by Section 218 (1) of the Constitution as the Commander-in-Chief of the Armed Forces, including the power to determine the operational use of the armed forces. An invitation that seeks to put the operational use of the armed forces to a public interrogation is indeed taking the constitutional rights of law making beyond bounds.
“As the Commander-in-Chief, the President has exclusivity on security and has confidentiality over security. These powers and rights he does not share. So, by summoning the President on national security operational matters, the House of Representative operated outside constitutional bounds. The President’s exclusivity of constitutional confidentiality investiture within the context of the constitution remains sacrosanct.” Malami said.
