Politics

NASS has constitutional powers to investigate — AGF

Minister of Justice and Attorney General of the Federation (AGF), Lateef Fagbemi, on Tuesday, disclosed that investigative power of the National Assembly has long been given judicial recognition in many jurisdictions including the United States of America (USA).

Fagbemi who disclosed this during the paper presentation at the two-day National Workshop on Legislative Compliance’ organised by the Senate Committee on Legislative Compliance in conjunction with Green Mount Consulting Limited, also affirmed that National Assembly has statutory powers on Appropriation.

He also affirmed that all the security agencies are bound to enforce the laws enacted by the National Assembly, however warned that when laws are not obeyed, there will be breakdown of laws and order.

The AGF who was represented by Director on Legal Drafting, Dr. Patrick Etta Oyong, maintained that: “The delegation of executive functions is often given by an Act of the National Assembly. The Independent Corrupt Practices and Other Related Offences Commission Act, and the Economic and Financial Crimes Commission Act are examples of Acts of the National Assembly where powers are conferred on their Commission to investigate allegations of corruption, compel attendance of persons and government institutions, etc.

“The investigative power of the Parliament has long been given judicial recognition in many jurisdictions. In Mc Grain V. Daugherty, 273 US 135 (1927) the United States Supreme Court held that ‘the power of congressional inquiry with the process to enforce it is an essential and appropriate auxiliary to the Legislative function’.

“Even in the absence of express provisions such as sections 88 and 89 CFRN conferring power of oversight on the National Assembly, the latter would still not have lost the power of investigation as such would be deemed to be inherent in the NASS by virtue of the inherent powers given to the NASS by section 4 CFRN.

“This view has the support of the US Supreme Court in the case of WATKIN-vs-United States where the Court held that ‘The power of the congress to conduct investigation is inherent in the Legislative process’.

“The above seems to have settled any doubt as to the legality or constitutionality of the Legislative power of investigation of the National Assembly.”

The national assembly can invite and upon refusal, they can summon you or prescribe fines.

Speaking earlier, the Senate President, Senator Godswill Akpabio warned all the Ministries, Departments and Agencies (MDAs) of serious consequences of non-compliance with resolutions and laws passed by the Parliament.

Senator Akpabio who was represented by his Deputy, Senator Barau Jibrin reiterated the 10th Assembly’s resolve to uphold the rule of law.

Akpabio stated that non-compliance with Senate resolutions was unacceptable, as it undermines the foundation of the country’s democracy.

He therefore urged all the MDAs to fully comply with Senate resolutions, emphasising the Senate’s dedication to fulfilling its mandate.

On his part, the Senate Majority Leader, Senator Opeyemi Bamidele, stressed the need for Senators to adhere to their own resolutions and the responsibility of the legislative compliance committee to ensure compliance.

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