Femi Falana, a popular human rights lawyer and Senior Advocate of Nigeria (SAN), has said that President Buhari is under both moral and legal obligation to honour invitation of the National Assembly.
The learned silk recalls that last week, both houses of the National Assembly had cause to review the worsening security situation in the country. At the end of the deliberations, the members of the House of Representatives unanimously resolved to invite President Muhammadu Buhari to address them on the state of the nation with respect to the huge fund appropriated for the war on terror without tangible results.
According to him, the President accepted the invitation and announced that he would address the House on Thursday, December 10, 2020.
“Regrettably, the President has been under pressure from APC Governors not to honour the invitation for fear that they too may be similarly invited to address the respective houses of assembly. On his own part, the Honourable Attorney-General of the Federation has questioned the Constitutional power of the National Assembly to invite the President on the grounds that as the Commander-in-Chief of the armed forces he cannot be compelled to disclose operational details of the defence of the country.” Falana said
He faulted the position of the Governors and that of the AGF. According to him, the power of NASS to invite Buhari is rooted in sections 88 and 89 of the constitution.
“With respect, the President is under a moral and legal obligation to honour the invitation. Having accepted the invitation the President should not allow himself to be embarrassed by turning round to turn down the invitation.
“By the combined effect of sections 88 and 89 of the Constitution, the National Assembly is empowered to summon any public officer including the President in the course of conducting an investigation into any matter with respect to which it has the power to make laws and the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for executing or administering laws enacted by the National Assembly,” Falana said
He added that “the powers conferred on the National assembly under the provisions of this section are exercisable only for the purpose of enabling it to make laws with respect to any matter within its legislative competence and to correct any defects in existing laws; and expose corruption, inefficiency or waste in the execution or administration of funds appropriated by it.”
Furthermore, Falana said NASS has the power to summon President Buhari on the loans incurred by the federal government
He said, “Apart from addressing the joint session of the national assembly during the presentation of the annual budget the national assembly has the power to summon the President to address the members on jumbo loans being incurred by the federal government. In other words, the national assembly may not approve any of such loans without an address by the President.”