Professor Ernest Ojukwu, SAN, has responded to Femi Falana, SAN on the vires of the National Assembly to summon the President.

Falana had earlier posited that 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.

However, in a statement made available to newsmen, Ojukwu said immunity also protects president from the investigatory proceedings envisaged by section 89 of the constitution which is quasi judicial in nature and its summons enforceable only by warrant

He said, “it is important to clarify that reaction of Falana SAN on the summons envisaged by Section 89 of the Constitution.

“Section 89 relates to the investigatory proceedings of the National Assembly. Section 89 gives the NA POWER to ‘procure evidence…, Require such evidence to be given on oath’ and ‘summon any person in Nigeria to give evidence …’.

“These are clearly proceedings in the nature of court proceedings – quasi judicial powers given to the NA.

“And the NA is further given power in the same section to ‘issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so…’ ”

“Meanwhile section 308 of the Constitution that gives the President immunity sates that ‘a person to whom this section applies shall not be arrested or imprisoned during that period either on pursuance of the process of any court or otherwise’.

“The summons of the National Assembly is a process and can only be enforced by warrant.”

Prof Ojukwu contended that immunity Protects the President from such processes regardless of who the issuer is. He said section 308 creates immunity against both judicial proceedings and arrest by anybody

“The Immunity clause clearly bars all those process against the President whether those processes are issued by the ordinary court or any other body and in this case the National Assembly under its quasi judicial powers of investigation.

“Section 308 of the Constitution creates immunity against judicial proceedings on its own and also creates another immunity against any arrests or imprisonment by any body, not only the courts.”

He therefore concluded that “The National Assembly cannot summon our President”