Efio-Ita Nyok|2 July 2016|6:20am
In response to the news reports by Vanguard of 1 July which has it that President Muhammadu Buhari apologised to the nation's National Assembly over the refusal of the Attorney-General of the Federation to Honour her summon, the Speaker of the Cross River State House of Assembly, Rt Hon John Gaul Lebo, has in a statement made on social media posited that the Attorney-General of the Federation was supposed to have honoured the invitation of the National Assembly rather than snub them and send a representative.
His statement was contained in a response to a questionnaire posed by an Atlanta-based international development consultant, Princewill Odidi, who among other things inquired about whether Mr President was assuming guilt over the blunt refusal of his aide to appear before the NASS, and whether the AGF was supposed to follow suit and render a similar apology.
According to Speaker Lebo, '… I think the AGF has to sit up, as a senior he should know better, even as Notary Public myself, I know that an invitation or summon by parliament is as serious as a court summons. The conscience of the President is been tainted by the contrived opinion of his close associates. This president by his body language will like to do the right, and has a conscience, but those around him have hijacked his conscience. I appreciate his prompt response'.
Wondering what kind of constitutional interpretation would have authorised the AGF to disobey the invitation or summon of the National Assembly, Lebo explained that 'The Constitution is very clear about this issue.
1. Under S.67 (2) A minister of the government of the federation SHALL attend the National ASSEMBLY if invited to explain the conduct of the ministry and when the affairs of the ministry is under discussion.
2. Under S 88 of the Constitution also, the National ASSEMBLY has powers to investigate any Ministry, Agency, department or persons and by so doing invite any such person.
3. Under S 89 of the Constitution, the National ASSEMBLY also has power to summon anyone in Nigeria to give to it to further any investigation under S 88.
4. Finally under S 89 (2) The National ASSEMBLY can further issue any warrant through the Inspector General of Police or any police officer to compel the attendance of the person summoned.
The Attorney General of the Federation is under legal obligation to respect and honour the invitation of the National ASSEMBLY. The content of the issues involved in the invitation can be categorised, argued and resolve only after he attends. In this case obedience is better than sacrifice.
Remember that it was the same National ASSEMBLY that screened and confirmed him before he was sworn in as Attorney General'.
However, the Special Adviser – Prosecution, to the President, Okoi Obono-Obla, has opined that the AGF wasn't in any error in refusing to honour NASS Summon. According to the aide, 'The Honourable Attorney General in exercise of his power over public prosecution under Section. 174 subsection 1 of the Constitution is not answerable to any authority or person and as such the exercise of this power is not subject to review by any authority, even the courts: State v Ilori (1983) 2 SC 155'.
Efio-Ita Nyok
Is a Blogger & the Editor of Negroidhaven.org (Negroid Haven)
