*It’s constitutionally, democratically wrong– Omo-Agege
*It’s House of Reps matter, not Senate – Senate Spokesperson, Bashiru
From Ameachi Prosper ( The New Diplomat’s Delta state correspondent)
The Senate of the Federal Republic of Nigeria has dissociated itself from the summon by the House of Representatives asking President Muhammadu Buhari to appear before it over the spate of insecurity situation in the country.
Addressing newsmen in Abuja Wednesday, the chairman, Senate Committee on Media and Public Affairs, Senator Ajibola Basiru (Osun Central), stated that the Senate has nothing to do with the summon extended to Buhari by the House, adding that there was also no resolution of the Senate to that effect.
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Senator Bashiru also refuted speculations that the National Assembly was in the process of holding a joint session on the purported expectation of the President to the national lawmakers.
He said: “I’m a spokesperson of the Nigerian Senate. There was no resolution of the Nigerian Senate that the President should come and address it on the issue of national security.
“I expect that every enquiry as to the summoning and coming of the President should be directed to the House of Representatives.
“We operate a bi-camera legislature. That’s why our rules and procedures are different and that is why also we need concurrence from the two Houses on the passing of legislation.
“On this matter, there has not been an issue of a joint resolution. What you have is the resolution of the House of Representatives.
“And I believe, the House of Representatives should be able to tell you why the resolution was passed, and what will happen to that resolution.
“As far as the Senate is concerned, we have not summoned the President and we don’t want to get ourselves involved in any controversy as to whether the president will appear or not.
“To the best of my knowledge, I’m not aware of any planned joint session of the National Assembly tomorrow.”
Similarly, the Deputy President of the Senate, Senator Ovie Omo-Agege, described the summon of President Buhari by the House of Representatives as undemocratic and unconstitutional, explaining that the House has no such designated power to summon the President to appear before it.
According to the Senator Omo-Agege, it is an aberration for any arm of the National Assembly to summon President Buhari to appear before it, adding that the application of the principles of separation of power is a pillar in any democratic governance.
Omo-Agege recalled that the framers of the 1999 Constitution of the Federal Republic of Nigeria as amended, did not contemplate directly or impliedly, that one arm of government which is independent by virtue of the doctrine of separation of power, would summon the head of one of the three arms to appear before another.
He 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 power. 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 an explanation on the floor.
“I think those of you who are familiar with the constitutional process, I don’t think you’ve ever heard that the US parliament had ever invited their president to appear before the House of Representatives or the US Senate, unless for the purpose of budget or to give an address on the state of the nation.
“In any event, we also have the concept of executive privilege. The executive arm of government has the power to claim executive privilege at any time any of such invitation is extended.
“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. I do not also support that. I don’t believe that the President should come.”
In the same vein, the Attorney General of the Federation and Minister Justice, Abubakar Malami, has said that the National Assembly lacks powers to summon the President.
The position of Malami was supported by some Senior Advocates of Nigeria(SAN) that the National Assembly was not constitutionally empowered to summon a Nigerian President to appear before it.
Professor Epiphany Azinge, SAN, for instance, said: “There may be some merit in what the Attorney-General of the Federation has said, adding that: “the force of logic seems to support his assertion that the President ought not to have been ordinarily summoned by the NASS.
“The President may be invited, but that invitation does not translate to a summons. A summons presupposes that there may be a consequence if the President declines to honour it.”
Explaining further, Azinge SAN noted that “Section 67 (1) of the Constitution provides that the President may attend any joint meeting of the NASS or any meeting of either House of the NASS, either to deliver an address on national affairs, including fiscal measures, or to make such statement on the policy of government as he considers to be of national importance.
“While Section 67(2) states that a Minister shall attend either House of the NASS if invited to explain to the House the conduct of his Ministry, and in particular when the affairs of that Ministry is under discussion.
“Between Sections 67(1) and 67(2), there is a clear direction that the President may attend on his own accord, but the Minister can be invited to explain, which is tantamount to a summons.
“Those that may be summoned by the NASS are principal officers of the executive and not the President per se.
“There is therefore the force of logic and merit in the argument that the President ought not and should not be summoned.”
However, Dayo Akinlaja, SAN, was of the view that: “If the Attorney-General of the Federation is talking from the perspective that the President cannot be compelled to appear before the National Assembly by virtue of the constitutional immunity that is conferred on him, then I will agree with him.
“But I think that it will be absolutely wrong for the President to ignore the National Assembly.
“Section 67 of the Constitution allows the President to attend any joint meeting of the National Assembly or any meeting of either House of the National Assembly.”
Read also:
Security Challenges: Real Reason Why Buhari Declined Reps Invitation– Malami
Borno Massacre: Reps Summon Buhari, Say ‘Nigeria Not Close To Winning War Against Terrorism’
Fresh Twist, Drama As Buhari Backs Out Of Thursday’s Reps Sitting
Real Reason Why We Invited Buhari, Reps Spokesperson
