Renowned legal luminary, Femi Falana (SAN) has vindicated the minister of Information, Labaran  Maku, on the statement credited to him which said resolutions passed by the National Assembly are advisory.

In an exclusive interview with Guardian Newspapers on sunday 21st October, 2012, Falana was asked to respond to Maku's comments. He said:"No doubt the National Assembly is empowered to summon ministers and any other person in the course of conducting inquiries. On many occasions the power has been exercised to massage the ego of legislators. There was a time the CBN governor was summoned over a comment made by him at a university campus. The legislators felt embarrassed by the statement. Instead of issuing a rejoinder both houses summoned the governor and subjected him to a mock trial. That was a reckless abuse of legislative powers"

He clarified that there are two types of resolutions, which the National Assembly can pass. One is binding, while the other one is generally not binding.
For example, the resolution on the doctrine of necessity was fully implemented by the Executive, even though it was not binding stricto sensu. But resolutions emanating from investigations conducted pursuant to sections 68 and 69 of the Constitution are binding. In the course of such investigations the committee of either chambers can order anyone to appear before it or produce any document. Failure to obey the summons may lead to the arrest of a contemnor.

Falana blasted the National assembly saying, 'The National Assembly can assert itself without being unnecessarily frivolous'. He further advised them to direct resolutions to government agencies concerned rather than dumping resolutions on the Presidency and distracting him all the time.

http://www.ngrguardiannews.com/index.php?option=com_content&view=article&id=102222:falana-legislature-can-assert-self-without-being-frivolous&catid=73:policy-a-politics&Itemid=607

This issue has really caused so much row between the executive and the legislature. It is important that the senior advocate clarifies it conclusively. Labaran Maku was called a careless talker by the senate president because of this issue. But it appears Maku was damn right after all.
A resolution is advisory and not binding in most cases. The only binding resolutions are those emanating from an administrative panel of inquiry set up pursuant to 68 and 69. Clearly, the resolutions on Bakassi, Arunma Otteh, etc are not in the radar of sections 68 and 69. So Maku is right

don't mind David Mark. He doesn't know any better.

Countryman93:

Falana blasted the National assembly saying, 'The National Assembly can assert itself without being unnecessarily frivolous'. He further advised them to direct resolutions to government agencies concerned rather than dumping resolutions on the Presidency and distracting him all the time.

The way Tambuwal became frivolous during his vote of thanks at budget presentation. The speaker just went off on a tangent attacking the president over a benchmark which was yet to be considered by the whole house. Tambuwal is just a principal leader of the house of the House of Representatives and not the House itself. The proper thing to do is to accept the budget and table it before the House later for consideration.
He could lead and influence debate on the budget as he wishes, not to lord it over the president during submission. It was very wrong.

As a Nation we need so many sound minds to always make the National Assembly know their functions, duties and powers. So far it is very obvious the National Assembly is still struggling to understand these. On several occasion they have made themselves tyrants, attacking whoever criticises them. It's unfortunate and unhealthy for our democracy. The National Assembly should embrace the act of dealing with the message passed to them rather than fighting to kill or deal with the messenger. But the truth must at all times be said. When the National Assembly at all times keep making unnecessary resolutions, they make themselves look weak, unfit, not focus and people who knows nothing before the general public. Falana please lecture these men.

I knew it right from the first day that David Mark was wrong. Maku told them the real truth which they should have accepted in good faith rather than politicize the matter the way they did. it's too unfortunate the crop of legislators we have in the senate these days. Someone should have reminded him on the true position of the law with regards to resolutions of the senate.
It would have saved them of this unnecessary embarrassment.

Brilliant and spot on from the Senior Advocate. The National Assembly is in grave danger of losing its relevance over her all to frequent ramblings and frivolous resolutions.

The jurisprudential opinion of the Learned human and democratic Activist and Defender Femi Falana, is another reassurance that there are Nigerians who are determined to stand in the course of democracy and justice no matter who is involved.
In his rightful and legal opinion, Learned Activist has stated it clear that it is not all the resolutions of the National Assembly that should be directed to the doors of the President, when he compared the ex-CBN Governor's invitation by the National Assembly and the doctrine of necessity visa-vis the National Assembly empowering sections to invite and inquire into the activities of government sections 68 and 69, and distinguished between the resolutions that are binding and should be directed to the President and those that should be directed to MDA's of government.

A welcome development. We should not only hear their voices when they want to condemn the government. But be bold to tell every arm of government when they go wrong. Falana has done well by telling the National Assembly the basic truth, we await other progressive comments from Nigerians. The National Assembly must be very cautious of the fact that not all resolutions are binding. It is pathetic they want to make all resolutions binding irrespective of the dramatic and worthless contents. Bravo Falana.

I trust Falana. He will talk sense into those big heads.

they need someone like femi to talk to them.

Ok now una don hear am. When Maku said it everyone wanted to eat him up,meanwhile this man knew what he was saying. The members of the senate, said he was rude to them, and demanded for an apology. I hope they would call falana and demand for the same too. I think these men are just there to represent their stomach and families. They don't have our interest at heart at all.

The legislators are always arrogant and feel that no one can talk to them, even when they are going wrong. Is this a good quality of a representative?