Femi Falana, a popular human rights lawyer and Senior Advocate
of Nigeria (SAN), has said that President Buhari is under both
moral and legal obligation to honour invitation of the National
Assembly
![image](/2020/12/legacy1.jpg")
![image](/2020/10/lawreport.jpg")
The learned silk recalls that last week, both houses of the
National Assembly had cause to review the worsening security
situation in the country. At the end of the deliberations, the
members of the House of Representatives unanimously resolved to
invite President Muhammadu Buhari to address them on the state of
the nation with respect to the huge fund appropriated for the war
on terror without tangible results.
![image](/2020/10/NWLRland.jpg")
According to him, the President accepted the invitation and
announced that he would address the House on Thursday, December 10,
2020.
“Regrettably, the President has been under pressure from APC
Governors not to honour the invitation for fear that they too may
be similarly invited to address the respective houses of assembly.
On his own part, the Honourable Attorney-General of the Federation
has questioned the Constitutional power of the National Assembly to
invite the President on the grounds that as the Commander-in-Chief
of the armed forces he cannot be compelled to disclose operational
details of the defence of the country.” Falana said
He faulted the position of the Governors and that of the AGF.
According to him, the power of NASS to invite Buhari is rooted in
sections 88 and 89 of the constitution.
“With respect, the President is under a moral and legal
obligation to honour the invitation. Having accepted the invitation
the President should not allow himself to be embarrassed by turning
round to turn down the invitation.
“By the combined effect of sections 88 and 89 of the
Constitution, the National Assembly is empowered to summon any
public officer including the President in the course of conducting
an investigation into any matter with respect to which it has the
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,” Falana
said
He added that “the powers conferred on the National assembly
under the provisions of this section 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.”
Furthermore, Falana said NASS has the power to summon President
Buhari on the loans incurred by the federal government
He said, “Apart from addressing the joint session of the
national assembly during the presentation of the annual budget the
national assembly has the power to summon the President to address
the members on jumbo loans being incurred by the federal
government. In other words, the national assembly may not approve
any of such loans without an address by the President.”
Femi Falana, a popular human rights lawyer and Senior Advocate
of Nigeria (SAN), has said that President Buhari is under both
moral and legal obligation to honour invitation of the National
Assembly
The learned silk recalls that last week, both houses of the
National Assembly had cause to review the worsening security
situation in the country. At the end of the deliberations, the
members of the House of Representatives unanimously resolved to
invite President Muhammadu Buhari to address them on the state of
the nation with respect to the huge fund appropriated for the war
on terror without tangible results.
According to him, the President accepted the invitation and
announced that he would address the House on Thursday, December 10,
2020.
“Regrettably, the President has been under pressure from APC
Governors not to honour the invitation for fear that they too may
be similarly invited to address the respective houses of assembly.
On his own part, the Honourable Attorney-General of the Federation
has questioned the Constitutional power of the National Assembly to
invite the President on the grounds that as the Commander-in-Chief
of the armed forces he cannot be compelled to disclose operational
details of the defence of the country.” Falana said
He faulted the position of the Governors and that of the AGF.
According to him, the power of NASS to invite Buhari is rooted in
sections 88 and 89 of the constitution.
“With respect, the President is under a moral and legal
obligation to honour the invitation. Having accepted the invitation
the President should not allow himself to be embarrassed by turning
round to turn down the invitation.
“By the combined effect of sections 88 and 89 of the
Constitution, the National Assembly is empowered to summon any
public officer including the President in the course of conducting
an investigation into any matter with respect to which it has the
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,” Falana
said
He added that “the powers conferred on the National assembly
under the provisions of this section 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.”
Furthermore, Falana said NASS has the power to summon President
Buhari on the loans incurred by the federal government
He said, “Apart from addressing the joint session of the
national assembly during the presentation of the annual budget the
national assembly has the power to summon the President to address
the members on jumbo loans being incurred by the federal
government. In other words, the national assembly may not approve
any of such loans without an address by the President.”