The attention of Citizens Watch Nigeria (CWN), has been drawn to the recent outburst from the Senate to the Army on IPOB proscription and the dismissed officer, Lt. Col. Abdulfatai Mohammed.



Recently, Nigerians have been inundated with condemnations of the Senate leadership over actions taken by the Chief of Army Staff (COAS), Lt. Gen. Tukur Buratai, few weeks back to safeguard and protect the territorial integrity of the nation with the unleashing of exercise operation Python Dance 2 in the South East.

Even when many opinions from across the country favoured the action of the Nigerian army, the Senate leadership took a swipe at them not minding and taking into consideration the police men who lost their lives, the wanton destructions of property and threat to national security.

Today, Nigeria is better by the patriotic decision of the army leadership, the tension generated across the country has reduced significantly, giving Nigerians a sign of relief and security.



In a press release by the Executive Secretary, Citizens Watch Nigeria (CWN), Omoba Kenneth Aigbegbele, on the recent senate summon of the COAS and the unprecedented action taken by the committee on ethics and privileges on a matter that is sub-judice at the National Industrial Court (NIC), he emphasized that for the records, the laws governing the military worldwide is quite different from that of civil laws, saying,” when a personnel takes an oath of office to serve and protect the territorial integrity of the nation, he or she instantly becomes subject to military laws when the need arises and if peradventure he or she is punished or court marshaled under the law and approved by the highest military authority, then nothing can be done whatsoever to change that decision or judgement meted to the officer in question''.

For an officer of that rank to have taken the COAS to an industrial court in military circle is an abomination and absolutely unacceptable anywhere in the world.



According to the press release, the senate committee has no powers or right under the law to summon the COAS under a matter already in court and as if that is not enough, a military affair that has been dispensed and decision taken. The rules governing the military and the order through which the senate acted are entirely different and sub-judice. He canvassed that the committee on ethics erred by walking out a representative of the COAS who was sent because of the respect the COAS has for the Senate, knowing fully well the enormous national task on his desk and that the senate has no power whatsoever to summon the army chief based on a case already in court according to the Senate standing rules.



Howbeit, the said officer, Lt. Col. Abdulfatai Mohammed, petitioned the Senate on malicious and compulsory retirement by the army, while it had already on August 12, 2016, filed a suit in the National Industrial Court (NIC) against the COAS and the Nigerian Army, seeking reinstatement which invariably means that the issue now handled by the Senate is already in court and cannot be entertained.



Accordingly, the executive secretary emphasized that the standing rules 2015 of the Senate, that matters in court are not allowed to be entertained by the senate. That the Senate usurp the powers of the National Industrial Court (NIC) by taking up a matter of a dismissed military officer, which is an aberration, null and void. It is clear that the Senate do not have the mandate and jurisdiction to hear or entertain the petition not to talk of summoning the COAS. The said action is a fragrant abuse of separation of powers and prejudicial to the path of justice. It is our candid view that powers of the Senate to invite or summon is not without limitations. The powers of the senate to investigate are not general but limited to the execution of administration of laws enacted by the lawmakers. The senate power to summon are further circumscribed and limited by sub section (2) of the equivalent of section 88 of the 1999 constitution, in which it explains explicitly that the senate can only invite public servants when it is about to gather facts for the purpose of making laws or amending existing laws.

According to the executive secretary, the Senate has powers to screen Service Chiefs after their nomination by the President but they cannot exercise any disciplinary action against such. Therefore, the summons to COAS to appear before it over a pending issue at the National Industrial Court (NIC) is sub-judice, null and void and of no effect whatsoever. We, therefore, pass a vote of confidence on the army leadership for decimating the Boko Haram and the enhancement of Total Quality Management (TQM) of its men and officers including the internal reorganization of the army to conform with best global practices and professionally focused like never before. That the army has proven their mettle with high approval ratings and Nigerians are fully in support of their job performances so far.

Though I'm not a legal practitioner, I don't think there is any public office holder that can't be summoned by NASS.

Anyway, what do I know, na una sabi.

These northerners be raping the contistition!!!
Oya make we divide; dem dey cry! Smh

The only thing those senators are good at is getting their share of the national cake in the name of law making. they've not done anything to benefit the masses