Prominent lawyers, including one of Malami’s predecessors, Chief Akin Olujimi (SAN), as well as Mr. Femi Falana (SAN) and Mr. Raji Ahmed (SAN), however, disagreed with the AGF on his verdict that the House lacks the constitutional power to invite the president, especially on security issues.

But Deputy President of the Senate, Senator Ovie Omo-Agege, backed the minister’s position.

The senior lawyers, in separate interviews, with ThisDay not TheNigeriaLawyer said the National Assembly is legally empowered to summon the president on any issue.

They cited various constitutional provisions that empower the lawmakers to invite the president or any other public officer to answer questions on any issue.

According to Olujimi, the National Assembly has a duty to call on anyone, including the president, when the need arises.

“When matters like these happen, particularly the issue of security, they are entitled to find out from the number one citizen what exactly he is doing or proposing to do in regards to the insecurity in the country.

“It is not an issue that we begin to debate the constitutionality or otherwise of the call on Mr President,” he said.

Also sharing the same views with Olujimi, Falana described Malami’s statement as just “an attempt to look for justification for the unsolicited advice of the state governors.”

He, however, appealed to the president to ignore the governors’ advice, which is not only misleading but aimed at putting him to ridicule.

“Having undertaken to honour the invitation, the president should ignore the misleading advice of those trying to expose him to ridicule by portraying the president as inconsistent or a man who cannot honour his own words,” he stated.

On the legality of the summon, Falana said sections 88 and 89 of the constitution as amended empower the National Assembly to summon any public officer in the country.

“The fact that the president is the commander-in-chief of the armed forces does not inhibit the National Assembly from asking him to explain what has happened to the funds earmarked for the defence of the country,” Falana said.

Raji, however, described Malami’s argument as “90 per cent in political content and less than 10 per cent of law.”

While noting that the court is the best place to decide whether the National Assembly has the powers or not to summon the president, Raji called for a jettisoning of the presidential system of government currently practised in Nigeria.

“I think the matter should be tested in court. But most importantly, we should jettison the presidential system for a modified parliamentary system. I wonder if any state official will ever talk down on the House of Commons in the UK this way! I doubt if such can be uttered in any presidential system, including the USA,” he said.

Another senior lawyer, Mr. Dayo Akinlaja (SAN), noted that what the National Assembly has done is not out of place when the provisions of Sections 14, 67, 88 and 218 (4) (a) of the constitution are taken into consideration.

“Much as it is beyond debate that the National Assembly cannot compel the president to appear, it is not subject to disputation that the National Assembly can invite the president to appear before it so as to address the members on the fundamental issue of national security,” he said.

According to him, it will be downright insensitive and imprudent for the presidency to condemn the National Assembly by dishonouring the invitation, especially with the critical state of the nation’s security and general wellbeing.

“The National Assembly has unquestionable power to legislate on the issue of national security. That being so, it can invite the president and or institute investigation into issues of national security. It may, however, be said that the word “summon” is too trenchant to be used in the context of the president. The more civil way to it is to say that the National Assembly has a right to invite the president,” he explained.

The House Deputy Minority Leader, Hon. Toby Okechukwu, also faulted Malami’s position.

He said the attempt to pressurise Buhari not to appear before the National Assembly shows that some highly placed political actors in the ruling party are placing politics over the protection of lives of Nigerians.

Okechukwu, in a statement yesterday, described Malami’s position as “strange.”

He stated: “Without making undue efforts to win an argument, Section 89 (1) of the 1999 constitution, as amended, clearly empowers the Senate or the House of Representatives or a committee appointed in accordance with Section 62 of the constitution to procure evidence, written or oral and to ‘summon any person in Nigeria to give evidence at any place.

“Therefore, the attempt to pressurise Mr. President not to appear clearly shows that some highly placed political actors in the ruling party are placing politics over the protection of lives of Nigerians. The APC is evidently fiddling with propaganda and politics while Nigeria burns.”

Okechukwu added that the invitation of the House was a prudent effort to find a lasting solution to the worsening insecurity in the country.

An erstwhile political adviser to former President Olusegun Obasanjo, Chief Akin Osuntokun, said though the National Assembly has the powers to invite Buhari, the resolutions to do so only carry the force of moral and political persuasion.

According to him, “I think what he is saying is that they cannot mandate him to come; that the invitation is not legally binding. Not that they have no right to invite him. He can nonetheless decline the invitation. Plenary resolutions, including the resolution to invite him, only carry the force of moral and political persuasion.

“Normally it is the president who requests the National Assembly to invite him for the mandatory annual budget presentation or as it is the case in the United States to give the state of the union address.

“However Nigeria is in a desperate social, political and economic situation that warrants such an invitation from the National Assembly. The problem is that, largely on account of its persistent immoral behaviour, this National Assembly doesn’t command anyone’s respect.”

Omo-Agege said the House or the National Assembly lacks the power to summon the president.

Referring to the United States whose system of government Nigeria adopted, Omo-Agege stated that the US Congress has never invited the president to appear before it.

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 of 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 address 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.”