NASS Can Invoke Section 88 Of The Constitution To Summon The President– P. H Ogbole, SAN

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 Nairalaw(TNL).

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.”

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 Nairalaw(TNL).

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.”