Femi Falana, SAN, has reacted to Prof. Ojukwu’s position that the power of the National Assembly to summon persons under section 88 And 89 of the constitution does not apply to the president.

In a statement made available to newsmen Falana said summoning President is precluded only in relation to civil and criminal proceedings in court, not the one envisaged by sections 88 and 89 of the constitution which is to be exercised by the National Assembly.

He added that supposing President Buhari cannot be summoned by the National Assembly under sections 88 and 89 of the constitution, the said president can be summoned under section 147 of the constitution because he has made himself a minister under the Petroleum ministry

He said, “With respect to Professor Ojukwu, the summons referred to in sections 88 & 89 of the Constitution is not issued by a court but by the National Assembly.

“The President is only precluded from being summoned by any court in respect of criminal and civil proceedings. Even if you do not agree that the President can be summoned in the course of investigation by the National Assembly he is liable to be summoned by the Senate under section 147 of the Constitution. Having made himself the Minister of Petroleum Resources he ought to have been summoned for screening and confirmed for the ministerial position.”

He explained that if “the Nigerian National Petroleum Corporation is being investigated for fraud or mismanagement of public funds by the National Assembly the Minister is liable to be summoned to testify like any other Minister. In other words, he is summoned as a Minister and not as the President.”

Falana narrated how they challenged former military President, Ibrahim Babangida, in court in 1987 for sacking professor Sagay and others and court entertained the matter and even went ahead to reverse the termination of the appointment

“In 1987, the then military President, General Ibrahim Babangida sacked Professor Itse Sagay and other Professors in his capacity as the Visitor to the University of Benin. It was the argument of the University that the Court lacked the jurisdiction to entertain the suit as the Professors were sacked by the President whose actions could not be challenged under Decree No 17 of 1984.

“But the Supreme Court agreed with us that the President lacked the power to sack the Professors in exercise of his visitorial powers See Anya v Iyayi (1993) 7NWLR (Pt 305) 290.” he said

He said, “In the instant case, the powers of the President are different from those of the Minister of Petroleum Resources. To that extent, the National Assembly has the constitutional power to summon him to testify in any relevant inquiry conducted into the affairs of his ministry of Petroleum Resources.”

Falana relied on section 67(2) of the Constitution which states that:

“A Minister of the Government of the Federation shall attend either House of the National Assembly if invited to express to the House the conduct of his Ministry, and in particular when the affairs of that Ministry are under discussion.”