Professor Ernest Ojukwu, a Senior Advocate of Nigeria (SAN) has said that the National Assembly lacks power to “summon” President Buhari.

Recall that the National had last week summoned President Buhari to appear before the House to address them on security situation of the nation.

In a statement made available to TheNigeriaLawyer, Ojukwu described the summon as “abuse of powers” adding that section 88 And 89 of the Constitution does not apply to the president.

He said, “It is an abuse of powers for the NA to SUMMON our President. Section 88 and 89 of the Constitution with respect to the powers of the NA to ‘summon’ does not apply to the President.”

Ojukwu, popularly known as the teacher, explained that summon connotes compulsion and is enforceable by the police leading to detention. Therefore, immunity cannot allow it to be applied to the president

“The Immunity of the President prevents that. Summons is a legal process of compulsion and compelability. The disobedience can be enforced by the Police and can lead to detention and imprisonment.” he said

Furthermore, Ojukwu said if NASS wants President Buhari to address the nation, then they are to liase with him, not summon him as doing that is ultra vires

According to him, it would be good for the president to address the nation but NASS should not be attributed power it lacks

He said, “Section 88 and 89 also refers to investigatory powers of the NA. The NA cannot compel the President to appear on any such investigation.

“If the NA wants the President to address it, they must liaise with the President to do so. Once the NA uses such word as Summon, they have overstepped their boundaries of checks and balances. It would be in the interest of the nation for the President to address us nationally or address the NA on the security failings around the whole country but we should not give the NA the powers they do not possess.”