Mr. Femi Falana, SAN has reiterated his position as opposed to that of Prof. Ernest Ojukwu, SAN that President Muhammadu Buhari can be invited by the National Assembly as the Minister of Petroleum Resources pursuant to Sections 88 and 89 of the 1999 Constitution.
The learned silk further noted that Sections 88 and 89 of the Constitution are not blanket to such an extent that it covers or permits the National Assembly to summon anybody, as he had maintained in the recent past.
“I have always maintained that the power of the National Assembly under sections 88 & 89 are not at large. Hence, I had said that the Senate could not invite the President and governors as well as other public officers outside the ambit of the relevant constitutional provisions”, he said.
In addition, he said he had remained opinionated that the 8th National Assembly was bereft of legal competence to then invite a former CBN Governor; Comptroller General of Nigeria Customs Service; and Inspector General of Police in the recent past, in purported exercise of their powers under Sections 88 and 89 of the Constitution.
“It is on record that I had, in the recent past, criticised the national assembly for summoning the Comptroller- General of customs over his uniform and the Inspector-General of Police over investigation of criminal offences allegedly committed by members of the national assembly.
“I also stated that the National Assembly lacked the power to summon a former governor of the Central Bank of Nigeria for criticising the jumbo emoluments of national assembly members.
“As far as I was concerned, these were matters not envisaged under sections 88 & 89 of the Constitution”, he said.
However, the learned silk has insisted that President Muhammadu Buhari being the Petroleum Minister can be so summoned pursuant to Sections 88 and 89 of the Constitution.
“But I maintain that the President can be invited by the National Assembly during investigation into the fund earmarked for security and as the Minister of Petroleum Resources”, Falana, SAN stated.
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