Why House is Investigating Legality of Special Presidential Panel — Dogara

Speaker of the House of Representatives, Hon Yakubu Dogara, has
explained that the House is investigating the Special Presidential
Investigation Panel to ascertain where it got the powers to
investigate public officers as it is not listed among the agencies
listed to discharge that function in the constitution.

Hon Dogara said while speaking at a public hearing on the
Legality and Modus Operandi of the Special Presidential
Investigation Panel in the National Assembly on Thursday, that the
probe became imperative because of the confusion of roles which has
been identified by the Executive branch itself.

He noted that the Constitution which is the supreme law
governing affairs in Nigeria has vested the respective powers of
investigation and eventual trial of public officers who are in
breach of the Code of Conduct on the Code of Conduct Bureau and the
Code of Conduct Tribunal, in addition to the Economic and Financial
Crimes Commission (EFCC) and the Independent Corrupt Practices
Commission (ICPC) which were established by two extant laws and
copiously vested with powers and jurisdiction to investigate
allegations of crime and to charge possible offenders to the
Federal High Court.

Speaker Dogara added that while it is undeniably the
responsibility of the Judiciary to give final interpretation on the
legality or otherwise of any question of law, it is also the
constitutional responsibility of the National Assembly to make
laws, or to plug defects in any existing law, or to amend any laws
as it deems fit, especially to protect Nigerian citizens from the
possibility of double jeopardy of facing different laws and
different judicial and executive agencies on the same subject
matter.

He stated, “This investigation is further strengthened by the
confusion of roles which has been identified by the Executive
branch itself. It is public knowledge that the Attorney General of
the Federation, Abubakar Malami, SAN, had waded into these matters
in a letter titled, ‘Re: Directive in Respect of Chief Okoi
Obono-Obla, Chairman of the Special Investigation Panel on the
recovery of public property’, which has not been denied. According
to Malami’s letter to Obono-Obla: “I have received a letter Ref.
SH/OVP/DCOS/FMJ/0424 dated 20th October, 2017 in respect of the
above subject from the Office of the Vice President. In the said
letter, the Vice President expressed his concerns on the activities
of the Special Investigation Panel on the Recovery of Public
Property which runs contrary to the enabling Act establishing it.
He also noted that the activities of the Panel run foul or contrary
to established administrative procedures and protocols in the
Federal Civil Service Structure”.

Hon Dogara continued, “The spirit, if not the letter, of Section
36(9) of the Constitution guaranteeing a right to fair hearing and
outlawing double trial by Courts or Tribunal set up by law, should
guide our attitude on this matter, especially now that the Supreme
Court has decided that the Code of Conduct Tribunal has a quasi
criminal jurisdiction.

“While we recognise the need to tackle the problem of corruption
with renewed vigour in our society, as we fully subscribe to the
dictates of the Constitution which enjoins the State to ‘abolish
all corrupt practices and abuse of power’ Section 15(5), we must,
however, be conscious of doing things and implementing our laws in
such ways and manner that will portray us as a democratic society
conscious of the Rule of Law and Fundamental human rights.”

Speaker of the House of Representatives, Hon Yakubu Dogara, has
explained that the House is investigating the Special Presidential
Investigation Panel to ascertain where it got the powers to
investigate public officers as it is not listed among the agencies
listed to discharge that function in the constitution.

Hon Dogara said while speaking at a public hearing on the
Legality and Modus Operandi of the Special Presidential
Investigation Panel in the National Assembly on Thursday, that the
probe became imperative because of the confusion of roles which has
been identified by the Executive branch itself.

He noted that the Constitution which is the supreme law
governing affairs in Nigeria has vested the respective powers of
investigation and eventual trial of public officers who are in
breach of the Code of Conduct on the Code of Conduct Bureau and the
Code of Conduct Tribunal, in addition to the Economic and Financial
Crimes Commission (EFCC) and the Independent Corrupt Practices
Commission (ICPC) which were established by two extant laws and
copiously vested with powers and jurisdiction to investigate
allegations of crime and to charge possible offenders to the
Federal High Court.

Speaker Dogara added that while it is undeniably the
responsibility of the Judiciary to give final interpretation on the
legality or otherwise of any question of law, it is also the
constitutional responsibility of the National Assembly to make
laws, or to plug defects in any existing law, or to amend any laws
as it deems fit, especially to protect Nigerian citizens from the
possibility of double jeopardy of facing different laws and
different judicial and executive agencies on the same subject
matter.

He stated, “This investigation is further strengthened by the
confusion of roles which has been identified by the Executive
branch itself. It is public knowledge that the Attorney General of
the Federation, Abubakar Malami, SAN, had waded into these matters
in a letter titled, ‘Re: Directive in Respect of Chief Okoi
Obono-Obla, Chairman of the Special Investigation Panel on the
recovery of public property’, which has not been denied. According
to Malami’s letter to Obono-Obla: “I have received a letter Ref.
SH/OVP/DCOS/FMJ/0424 dated 20th October, 2017 in respect of the
above subject from the Office of the Vice President. In the said
letter, the Vice President expressed his concerns on the activities
of the Special Investigation Panel on the Recovery of Public
Property which runs contrary to the enabling Act establishing it.
He also noted that the activities of the Panel run foul or contrary
to established administrative procedures and protocols in the
Federal Civil Service Structure”.

Hon Dogara continued, “The spirit, if not the letter, of Section
36(9) of the Constitution guaranteeing a right to fair hearing and
outlawing double trial by Courts or Tribunal set up by law, should
guide our attitude on this matter, especially now that the Supreme
Court has decided that the Code of Conduct Tribunal has a quasi
criminal jurisdiction.

“While we recognise the need to tackle the problem of corruption
with renewed vigour in our society, as we fully subscribe to the
dictates of the Constitution which enjoins the State to ‘abolish
all corrupt practices and abuse of power’ Section 15(5), we must,
however, be conscious of doing things and implementing our laws in
such ways and manner that will portray us as a democratic society
conscious of the Rule of Law and Fundamental human rights.”