An interest group, Patriots for the Advancement of Peace and Social Development (PAPSD), says the House of Representatives has no constitutional power to summon elected governors or state assembly leaders to public hearings on states’ internal affairs.
Executive Director of PAPSD, Dr Sani Shinkafi, said this in a statement issued on Monday in Abuja.
Shinkafi said that PAPSD got wind of the House of Representatives Committee on Public Petitions summoning Benue and Zamfara governors as well as their states’ assembly leaders to appear before it on May 8.
He said that they were summoned to come and explain why their functions should not be taken over by the House of Representatives.
Freedomonline reports that the development was sequel to a petition written by a civil rights organisation, Guardians of Democracy and the Rule of Law, urging the house to take over the functions of the two houses of assembly.
Shinkafi said that while the group appreciated the patriotic zeal of the house to address issues affecting Benue and Zamfara, the crucial intervention must, however, be in compliance with Nigeria’s constitution.
“Certainly, the House of Representatives Committee on Public Petition has no constitutional power to summon democratically-elected governors or state assembly leaders to a public hearing on strictly internal affairs of their states.
“It is against the spirit and letter of the nation’s ground norm that guides the actions of all arms of government and citizens,” he said.
Shinkafi, a chieftain of the All Progressives Congress (APC), said that Nigeria is a federation with three tiers of government – federal, state and local government, with their responsibilities clearly spelt out in the constitution.
“The principle of separation of powers by the executive, legislature and judiciary is equally enshrined in the constitution for effective governance and to prevent undue interference by another arm of government,’’ he said.
According to him, the National Assembly’s power to summon citizens is tied to its investigative authority under Sections 88 and 89 of the 1999 Constitution (as amended).
He, however, said that such power was limited to matters within its legislative competence, such as federal laws, appropriations or oversight of federal agencies.
“It is not unlimited power to summon everyone.
“Thus, summoning a governor for clearly state matters exceeds the national assembly’s authority, as Nigeria is a federation where states have autonomy under Sections 4(6) and (7),’’ he said.
Shinkafi said there was nothing whatsoever that warranted the house to summon the two governors and assembly leadership for a public hearing, let alone contemplating taking over the functions of the houses of assembly
He said that the majority of members (15 out of 24) of Zamfara assembly had been holding meetings and transacting their legislative business in the interest of the state.
“Though some members were suspended, as obtainable in all parliaments when there are breaches in established rules, the assembly has been functioning effectively.
“There is no breach of the peace in that regard. It was only last week that the nine suspended members decided to hold a parallel sitting, an issue the assembly will resolve,’’ he said.
He added that there was no civil unrest or disruption of the executive and legislative duties in Zamfara.
“The purported crisis exists in the fertile imaginations of political enemies of the state eager to dismantle its democratic structures,” he said.
Shinkafi further stated that the House Committee should have visited Zamfara instead of relying on petition from the civil society organisation.
