UPDATED: Presidential panel sues Reps over probe

The Special Presidential Investigation Panel for the
Recovery of Public Property has sued the House of Representatives
over the green chamber’s plan to investigate the legality of the
panel’s operations.

A copy of the summons served on the house was made available to
TheNigerialawyer on Monday in Abuja.

The other plaintiff in the matter is Mr Okoi Obono-Obla, the
Chairman of the panel while the other defendant is the House of
Representatives Ad hoc Committee on Activities of the Panel.

The suit, which was instituted by Mr Festus Keyamo (SAN), raised
five questions for the court to determine.

They are “Whether the resolution passed by the house on March 22
to set up the ad hoc committee to investigate the modus operandi of
the panel is not tantamount to exercise of executive/supervisory
power over the plaintiffs.

“Whether the resolution passed by the house to investigate the
legality of the panel is not tantamount to the exercise of judicial
powers over the panel and its chairman.

“If the answer to the first question is in the positive, whether
by the provisions of Section 88 of the 1999 Constitution, the house
and the committee are legally empowered to exercise
executive/supervisory powers over the panel.

“If the answer to question two is in the positive, whether by
provisions of Section 88 of the 1999 Constitution, the house and
the committee are legally empowered to exercise judicial powers
over the panel and its chairman.

“And, if the answer to questions three and four is in the
negative, whether the letter written to the chairman of the panel
on March 28, compelling him to forward certain documents to the
committee is not illegal, null and void.”

The panel, therefore, urged the court to declare that the
House’s March 22 resolution to set up the ad hoc committee to
investigate its “modus operandi” was tantamount to exercise of
executive/supervisory power over it.

The panel also asked the court for an order of perpetual
injunction restraining the House from further taking any step
against the plaintiff in respect of the resolution to investigate
it.

The panel also wants the court to declare that by provisions of
Section 88 of the 1999 Constitution, the house and the committee
are not legally empowered to exercise judicial powers over it and
its chairman.

In an affidavit deposed to by Mr Yohanna Shankuk, a litigation
clerk in Keyamo’s chambers, stated that the panel was constituted
by President Muhammadu Buhari.

He stated that the constitution of the panel was pursuant to the
powers vested on the President by Section 1 of the Recovery of
Public Property (Special Provisions) Act.

Shankuk further deposed that the law, upon which the panel was
set up and headed by the chairman, had not been repealed.

The deponent maintained that the panel believed that if the
court did not intervene in the matter, the house would wrongly
proceed to exercise its powers under Sections 88 and 89 of the 1999
Constitution.

The Special Presidential Investigation Panel for the
Recovery of Public Property has sued the House of Representatives
over the green chamber’s plan to investigate the legality of the
panel’s operations.

A copy of the summons served on the house was made available to
TheNigerialawyer on Monday in Abuja.

The other plaintiff in the matter is Mr Okoi Obono-Obla, the
Chairman of the panel while the other defendant is the House of
Representatives Ad hoc Committee on Activities of the Panel.

The suit, which was instituted by Mr Festus Keyamo (SAN), raised
five questions for the court to determine.

They are “Whether the resolution passed by the house on March 22
to set up the ad hoc committee to investigate the modus operandi of
the panel is not tantamount to exercise of executive/supervisory
power over the plaintiffs.

“Whether the resolution passed by the house to investigate the
legality of the panel is not tantamount to the exercise of judicial
powers over the panel and its chairman.

“If the answer to the first question is in the positive, whether
by the provisions of Section 88 of the 1999 Constitution, the house
and the committee are legally empowered to exercise
executive/supervisory powers over the panel.

“If the answer to question two is in the positive, whether by
provisions of Section 88 of the 1999 Constitution, the house and
the committee are legally empowered to exercise judicial powers
over the panel and its chairman.

“And, if the answer to questions three and four is in the
negative, whether the letter written to the chairman of the panel
on March 28, compelling him to forward certain documents to the
committee is not illegal, null and void.”

The panel, therefore, urged the court to declare that the
House’s March 22 resolution to set up the ad hoc committee to
investigate its “modus operandi” was tantamount to exercise of
executive/supervisory power over it.

The panel also asked the court for an order of perpetual
injunction restraining the House from further taking any step
against the plaintiff in respect of the resolution to investigate
it.

The panel also wants the court to declare that by provisions of
Section 88 of the 1999 Constitution, the house and the committee
are not legally empowered to exercise judicial powers over it and
its chairman.

In an affidavit deposed to by Mr Yohanna Shankuk, a litigation
clerk in Keyamo’s chambers, stated that the panel was constituted
by President Muhammadu Buhari.

He stated that the constitution of the panel was pursuant to the
powers vested on the President by Section 1 of the Recovery of
Public Property (Special Provisions) Act.

Shankuk further deposed that the law, upon which the panel was
set up and headed by the chairman, had not been repealed.

The deponent maintained that the panel believed that if the
court did not intervene in the matter, the house would wrongly
proceed to exercise its powers under Sections 88 and 89 of the 1999
Constitution.