An Abuja-based lawyer, Kayode Ajulo, on Wednesday criticized the Senate for inviting for questioning, the Attorney General for the Federation, Abubakar Malami, over the trial of its leaders.
In a statement, Mr. Ajulo said the upper legislative chamber lacked the power to summon Mr. Malami on a matter that is before a court of competent jurisdiction.
The Senate, through its Committee on Judiciary, Human Rights and Legal Matters, had summoned the AGF to appear before it on Thursday last week.
The action followed the case of forgery brought by the federal government against the Senate President, Bukola Saraki, his Deputy, Ike Ekweremadu, and two former top management staff of the National Assembly.
But Mr. Ajulo said the invitation of Mr. Malami was unbecoming and a flagrant abuse of the doctrines of separation of powers entrenched in the nation’s laws.
“For the records, the action is also prejudicial. With a very strong caveat, members of Nigerian parliament should come out of their infantile viewpoint and know when to cross the line,” the lawyer cautioned.
“I wonder why Senator David Umaru-led committee would have allowed itself to be used to cause infraction on matters that are purely beyond the Senate and presently being prosecuted in the court of competent jurisdiction.
“Although the power of Senate to conduct investigation is broad and inherent in the legislative process. But broad and inherent as this power of inquiry, it is with limitation as the Senate cannot constitutes itself into the police or a trial court,” he said.
Mr. Ajulo argued that any investigation conducted solely for the personal aggrandizement of the investigators or to punish those investigated is indefensible and cannot stand.
He cited the case between the Guardian Newspapers and the Attorney General of the Federation, 1999, 9 NWLR, (Pt. 618) 187, pages 249-250.
In the case, Mr. Ajulo said the Supreme Court held that the legislature’s power to investigate is not absolute because it has some legal impediments.
In another case between Tony Momoh and the Senate, 1982, NCLR, 105, he said the Court of Appeal clearly held that Section 82 of the 1979 Constitution does not empower the legislature usurp the investigating functions of the executive nor the adjudicative functions of the judiciary.
“Any invitations by the legislature to any person outside the purpose defined by Section 82(2) of the 1999 constitution is invalid,” he cited the Appeal Court’s ruling.
“Also in Obayuwana versus Ali and others, 1983, 12 SC147 at 191-192 and El-Rufai versus House of Representatives, 2003, 2 WRN I, SC, it was held that the power of investigation by the legislature cannot be invoked to apply to issues that are outside the purview of the legislature in the exercise of the power to make law.”
Drawing from the court rulings, Mr. Ajulo insisted that the Senate has abused its oversight function.
According to him, some lawmakers not only see the function as a way of enriching themselves and aiding personal aims but also use it to intimidate their perceived enemies.
The lawyer said the forgery case instituted against Messrs. Saraki and Ekwermadu and two others is in order.
He, therefore, advised the nation’s lawmakers to respect the rule of law and not interfere on a matter that is before the court.
“I, therefore, urge the AGF to discountenance the invitation and threat of Senator David Umaru-led Committee on the matter under reference and continue to pursue his duties as provided by the laws of the land.
“He should also note that no person or group of persons can intimidate his office under the guise of oversight.”
About Article Author
He is extremely motivated, organized and disciplined. Nick has have over 6+ years experience with web content management, administrative duties, Excel, Microsoft software, Quick books, Customer Service, as well as email management, internet research and data entry. He is committed to producing top-notch, quality work, which is his driving force.View More Articles
Latest Nigeria News
- Nigerian British Councillor, Chika Amadi Suspended by Labour Party for Anti-gay Comments...See Details
- Heartbreaking: Woman Spotted Half-N*ked in Public Begging for Help After Losing 4 Kids in Kerosene Explosion
- Drama At A Funeral Ground As Drunken Friends Stop Pastor From Preaching Because Its Against Their Believe
- Horror: 9 Soldiers Currently Feared Dead in Borno As Boko Haram Attacks Oil Workers
- Breaking: Cultists On Rampage,15 Feared Dead In Rivers
- TOUCHING! Meet The 'Okada Man' Who Has No Fingers On His Hands (Photos)
- SAD!Pregnant Woman Dies, Daughter Husband Injured In Car Crash
- Fatal Accident Along Benin Highway Leaves 20 Dead (Photos)
- Ghastly Accident At Ikeja-Along This Morning (Photo)
- Top 5 Deadliest Bank Robberies Across Nigeria In 2015 (Photos)
- Notorious Armed Robbers Police Arrested In Port Harcourt (Photo)
- SAD: Vehicle Crushes 4 Year Old Girl In Mother’s Shop In Lagos
- Cult Members Kill 2 Traders Over Toll
- Ooni of Ife’s Coronation Ceremony Begins (Photos)
- Deplorable State Of Nigerians Deported From The UK
- Murtala Muhammed’s Uncle, Magajin Garin Kano, Dies At 98
- Funny! Driver Fakes Own Death To Evade Fine In Calabar (Photo)
- Little Girl, Kehinde Adebiyi Suffering From Cancer Needs Your Help
- Port Harcourt As Residents Dig Up Frozen Chicken Buried By Custom Officials
- Wickedness! New-Born Baby Found In A Bush In Ilorin (Graphic Photos)
- Police Shoots Bus Driver Dead At FESTAC/Mile 2 Road, Lagos (Video)
- I Have Forgiven My Critics - Ooni Of Ife-Elect, Adeyeye Ogunwusi
- Student Shot Dead By Alleged Cultists At Imo State University Yesterday
- Woman Gives Birth To A 'Mystery Baby' In Lagos (Photos)
- Touching! One Legged Man Washing A Car While Balancing On A Stick (Video)
- OMG! See The Long Snake Found In A Nigerian Student's Locker (Photos)
- Military Pilot Who Died In Yola Plane Crash Buried (Photos)
- Alarming! Number Of People Boko Haram Has Abducted Since 2012
- Amazing! Ogun State Government To Pay All Medical Bills Of Cancer Patients In the State
- Horrible! Car Rams Into Trailer In Kwara State (Photos)
- Fatal Accident Along Abuja Expressway, Passengers Feared Dead (Photos)
- Caught In The Act! See What A Soldier Did To A Civilian At Oshodi Area Of Lagos (Photos)
- Kuje Bombings: The Day After The Bomb Blast
- Local Community Traditional Deity Tree Kills 3 In Enugu
- Floods Wash Snakes Into Plateau Community
- Sad! Gunmen Kill Bricklayer Working To Pay For Father’s Treatment
- OMG!! Woman Borrows Twins To Defraud Ex-Commissioner
- Shocking!! I Raped 11 Year Old Girl Purely For Money Rituals - Baba Mohammed
- 54 Commercial S3x Workers And 56 Patronizers Arrested In Calabar Hotel
- La Casera Fires Hundreds Of Workers And Shuts Down Operations