Paul Harris Adakole Ogbole, a Senior Advocate of Nigeria (SAN) has said that the National Assembly (NASS) is competent to invite President Buhari.

This is contained in a statement titled, “HIGHLIGHTS OF THE CONSTITUTIONAL POWER OF THE NATIONAL ASSEMBLY TO SUMMON THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA.” made available to newsmen.

Mr. Ogbole, SAN, began by establishing the power of NASS to make law regarding the Armed Forces and the power of NASS to investigate matters that fall under legislative exclusive list.

“The general power and functions of Legislature Arm of Government is provided under section 4 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended). The National Assembly has the power to determine by law, the organization and administration of the force, and may make provisions for the establishment of different branches of the force.

“By the provision of section 88 (supra) the National Assembly can direct investigation into any of the matters listed in the exclusive and the concurrent legislative lists with respect to which it has the authority to make laws.” he said

Therefore, he added that under the said section 88, “the legislature can look into the affairs of members of the executive (including the President) in relation to duties or responsibilities vested or intended to be vested on them under laws made or to be made by the National Assembly.”

The learned silk said the management and control of the security sector is exclusively vested in the President by Section 218 (1) of the Constitution as the Commander in Chief of the Armed Forces including the power to determine the operational use of the Armed Forces.

Consequently, the President, “as the Commander in Chief has exclusivity on security and has confidentiality over security matters. These powers and rights he does not share with anyone safe and except when he delegates by writing as contemplated by section 218(3) of the 1999 Constitution as amended.”

He opined, therefore, that, “by the combined effect of the provisions of sections 88, 89 and 218 (4) of the Constitution of the Federal Republic of Nigeria, it is unequivocal that the National Assembly is empowered to summon any public officer including the President in the course of conducting investigation into any matter with respect to which it has 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.”

He, however, clarified that the powers conferred on the National assembly under the provisions of Section 88 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.

“From the combined effect of section 88 and 89 of the Federal Republic of Nigeria, even a committee having charge to investigate or interrogate the Armed Forces can invite any authority or persons who have the answers to such questions or any other questions therefrom.” he added.

Making reference to many provisions of the constitution, he said NASS can summon President of the Federal Republic of Nigeria.

He said, “A combined reading of Preamble of the Constitution, Section 1(1), 4, 14(1), (2) (a) & (b), 67 (1), 88, 147, 217, 218 (4) (a), 219 and the Seventh Schedule (Oaths of Allegiance) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), one will easily arrive at positive conclusion on the power of the NASS to invite or summon President as in this case.

“This is more so that the President is also the Minister for Petroleum and can be summoned ordinarily”

Ogbole further stated that the position was affirmed in the US by former Associate of the US Supreme Court

“Justice Van Devanter ( an American Lawyer who served as an associate Justice of the Supreme Court of USA from 1910 – 1937) recognized this power as: an essential and appropriate auxiliary to the legislative function, a legislature cannot legislate wisely or effectively in the absence of information respecting the conditions which legislature is intended to affect or change, and where the legislature does not possess the requisite information – which not infrequently in true – recourse must be had to others who possess it.”

He therefore concluded as follows:

“It is submitted respectfully that considering the insecurity and killings we are witnessing on a daily basis across the country, the NASS can summon President who is the C-in-C of the FRN for the purpose of getting information that will assist them to legislate wisely and effect change on the current security challenge.

“The main issue here is that Checks and Balances and Public Accountability is a core attribute of democracy that distinguishes it from any other form of governance.
It is a groundnorm of democracy that is so basic that it does not require constitutional or legislative provision and enactment before it attaches to democratic governance.

“Any argument otherwise is an attempt to steer away from the shores of democracy to the turbulent waters of undemocratic governance.

“Whenever Checks and Balances and Public Accountability are stripped from a democracy, then what you have is no longer a democracy.”