NASS has no power to summon Zamfara, Benue govs — Ex-NBA chairman

Former Chairman of the Nigerian Bar Association (NBA), Obioma Ezenwobodo, has stated that the House of Representatives Committee on Public Petitions has no legal authority to summon the Governors of Zamfara and Benue States, Dauda Lawal and Hyacinth Alia, along with their respective State Houses of Assembly, over alleged constitutional violations and governance breakdowns in both states.

Ezenwobodo, who is also the pioneer chairman of the NBA Garki Branch, Abuja, made this known in an interview with Tribune Online while commenting on the legality of the summons issued by the committee.

According to the Abuja based lawyer, the National Assembly does not have the powers to invite the two state Governors in view of the fact that their actions can only be reviewed or supervised by their State Houses of Assembly.

In his words, “As a matter of fact, by virtue of Section 11(4) of the 1999 Constitution (as amended) the National Assembly’s power to make laws for a State is envisaged when the State House of Assembly cannot perform its functions by reason of the situation prevailing in that State.

“It implies that, a situation that would warrant this situation is where the situation in the State is preventing the State House of Assembly from functioning.

“By Section 11(5), it was made clear that a State House of Assembly shall not be deemed to be unable to perform its functions so long it can hold a meeting and transact businesses.

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“Deducting from this provision and marrying it with Section 96 that provides for a quorum of 1/3 majority for a State House of Assembly to transact business, would it be safe to conclude that the Houses of Assembly in both Benue and Zamfara States cannot muster 1/3 majority to transact the businesses of the houses”, he asked.

Recall that the Zamfara and Benue state Governors have raised concerns over the legality of the invitation issued to them by the House of Representatives Committee on Public Petitions.

The governors, alongside their respective state Houses of Assembly were on Friday, summoned to appear before the committee over what the Committee described as alleged constitutional violations and governance breakdowns in both states.

The lawmakers seek explanations from the governors and the Houses on issues ranging from legislative suspensions to deteriorating security, and why the National Assembly should not take over the functions of the affected Houses as permitted under Section 11(4) of the 1999 Constitution.

In Benue State, there was the case of suspension of 13 members of the State Assembly who were not loyal to the governor.

The lawmakers were suspended for kicking against the suspension of the state Chief Judge, Justice Maurice Ikpambese, by the governor.

In Zamfara state, there exists a parallel Assembly, with nine lawmakers claiming continued legitimacy despite being suspended.

While Zamfara state is battling unrelenting attacks by bandits operating across forests and rural communities, engaging in mass abductions, cattle rustling, and extortion, Benue has been a hotspot for violent clashes between farming communities and armed herders with attendant killings.

 

NIGERIAN TRIBUNE