Mike Ozekhome

https://www.youtube.com/watch?v=yyYNJgHlq6M

A Senior Advocate of Nigeria, Mr Mike Ozekhome, has stated that the Senate has the right to summon it’s members to order at anytime.

“The Committee of the House or the House, can summon any person. it says any person, and it didn’t say some people.

“It didn’t say whether those elected or not elected. Any person; to bring papers, memos, come with evidence, and that if such a person is summoned to come and testify or to come and answer questions and he refuses to come, under Section 5, the Branch of the National Assembly can order the Police to arrest and bring such a person.”

He added that “the Senate President or the Speaker of the House of Representatives if satisfied that the person has entered into recognizance, they can release the person but if not satisfied, they can tell them to keep the person there.”

He made his position known while speaking on Channels Television’s Breakfast show, Sunrise Daily.

Mr Ozekhome’s view was however in contrast to that of his colleague, Mr Femi Falana, who believes that the Senate has no power to suspend a member even for a single day.

The lawyers made the comments while addressing the Senate’s recent suspension of one of its members, Senator Ali Ndume, for allegedly bringing the House to disrepute, as well as the investigation and summoning of some of its members.

“In matters regarding some of the distinguished Senators, the court has made definitive judicial pronouncements. No legislative House in Nigeria, can suspend a member for one single day and we have a plethora of authorities on this,” Mr Falana stressed.

Femi Falana


https://www.youtube.com/watch?v=ZpaYG2pIA2s
A Senior Advocate of Nigeria, Mr Femi Falana, has stated that no legislative House has the power to suspend a member even for a single day.
He made the comment while addressing the Senate’s recent suspension of one of its members, Senator Ali Ndume, for allegedly bringing the House to disrepute, as well as the investigation and summoning of some of its members.

The Senate spokesman was quoted to have said that although the 1999 constitution does not exactly state that the Senate has the power to suspend a member, they have the power to do so based on the internal House rules.

In reaction to this, the senior lawyer stated that: “The Senate labours under the very erroneous impression that it can do anything, whether allowed by law or not; particularly when it purports to exercising its oversight functions.

“Allegations of crime, certificate forgery, allegations regarding under-payment of Customs duties, are criminal offences that can only be investigated by the appropriate authorities such as the Police.”

According to him, “Section 88, which the Senate always relies on, begins with the phrase: “subject to the provisions of this constitution”, which means the powers of the Police, the powers of the Auditor General of the Federation, the powers of the Attorney General of the Federation, the powers of the President, take presidence over the powers of the Senate to carry out an investigation.
“The Senate with profound respect, the House of Representatives with Profound respect, cannot investigate allegations of crime. That is within the constitutional province of the Police.

“In matters regarding some of the distinguished Senators, the court has made definitive judicial pronouncements. Take for instance, no legislative House in Nigeria, can suspend a member for one single day and we have a plethora of authorities on this,” he stressed.

Recalling a similar situation that occurred in 2010, Mr Falana said: “As a member of the House of Representatives, Senator Dino Melaye and 10 others, out of frustration, submitted a petition to the EFCC, alleging criminal diversion of funds by the Dimeji Bankole-led leadership of the House.”

According to him, the Senators had claimed that the House had been terrorized and scandalized and despite the advice given by lawyers to allow the law take its course, as a petition had been sent to the appropriate agency of government, they still refused to take their hands off the case.

“Dino Melaye and 10 others were suspended indefinitely. I went to court for them and the court said: “Under your own rules, you cannot suspend a member for more than 14 days – Under what law did you suspend these 11 members of the House of Representatives for an indefinitely period of time?”

He made the comment while addressing the Senate’s recent suspension of one of its members, Senator Ali Ndume, for allegedly bringing the House to disrepute, as well as the investigation and summoning of some of its members.

The Senate spokesman was quoted to have said that although the 1999 constitution does not exactly state that the Senate has the power to suspend a member, they have the power to do so based on the internal House rules.

In reaction to this, the senior lawyer stated that: “The Senate labours under the very erroneous impression that it can do anything, whether allowed by law or not; particularly when it purports to exercising its oversight functions.

“Allegations of crime, certificate forgery, allegations regarding under-payment of Customs duties, are criminal offences that can only be investigated by the appropriate authorities such as the Police.”

According to him, “Section 88, which the Senate always relies on, begins with the phrase: “subject to the provisions of this constitution”, which means the powers of the Police, the powers of the Auditor General of the Federation, the powers of the Attorney General of the Federation, the powers of the President, take presidence over the powers of the Senate to carry out an investigation.


“The Senate with profound respect, the House of Representatives with Profound respect, cannot investigate allegations of crime. That is within the constitutional province of the Police.

“In matters regarding some of the distinguished Senators, the court has made definitive judicial pronouncements. Take for instance, no legislative House in Nigeria, can suspend a member for one single day and we have a plethora of authorities on this,” he stressed.

Recalling a similar situation that occurred in 2010, Mr Falana said: “As a member of the House of Representatives, Senator Dino Melaye and 10 others, out of frustration, submitted a petition to the EFCC, alleging criminal diversion of funds by the Dimeji Bankole-led leadership of the House.”

According to him, the Senators had claimed that the House had been terrorized and scandalized and despite the advice given by lawyers to allow the law take its course, as a petition had been sent to the appropriate agency of government, they still refused to take their hands off the case.

“Dino Melaye and 10 others were suspended indefinitely. I went to court for them and the court said: “Under your own rules, you cannot suspend a member for more than 14 days – Under what law did you suspend these 11 members of the House of Representatives for an indefinitely period of time?”

Mr Falana said subsequently, the court ordered an immediate reversal as well as the reinstatement of the senators.

He gave another instance involving the indefinite suspension of a member of the Bauchi House in 2012.

According to him, she was the only female and Christian in the House, consisting of 31 members and her suspension came as a result of a contribution she made, which the men considered as an ‘infra dignitatem’.

The case was however raised in court after a letter written to the House was ignored and the law was properly examined by the High Court as well as the Court of Appeal.

“Relevant constitutional provisions were now determined by the Court of Appeal and the Court of Appeal ruled that no legislative House has the power to suspend a member even for a single day,” he stated.

His colleague, Mike Ozekhome, however believes that the Senate has the right to summon anyone at anytime, regardless of their position.

Leboska:
Falana's argument sounds more like a beer parlour's argument

freeze001:
Does Falana mean that the NASS does not or cannot have an internal disciplinary mechanism applicable to its members? Is that not what the independence of the NASS is about? Is he also going to say the NJC has no power to investigate petitions made on judges and make its pronouncements before further action is taken because they are also subject to the provisions of the Constitution?

The NASS must be and is in fact able to activate an internal investigation and disciplinary mechanism for its members particularly on the conduct of any member as in the case of Ali Ndume.

mobaking:
Ok,falana was not biased when he took the national assembly to court over Dino melaye's suspension?.

swtdrms:


Don't mind them. Supporters of corruption will always support their corrupt heroes.

Back to the debate, Falana expantiated at length citing difference sections of the constitution and court judgments while Ozikhome didn't elaborate enough with sections of the constitution that give them the power and also no explanation of court orders.

I give it to Falan

lokobyforch:

Really, u are saying a school principal cannot discipline a school teacher because it was not stated in the appointment letter, we bend nominal Nigerian laws just to suit selfish interest... a police man does not have to wear uniform because he was first a citizen.

swtdrms:


That's the problem with ur ilks, u lack intelligent and analytical reasoning.
Government affairs is not based on discretion, it entirely based on provisions of the constitution. And these provisions must be strictly adhered to. That's the more reason why constitution is being amended on a regular basis. If you don't have enough knowledge of how government operates its better you keep quiet.

swtdrms:


That's the problem with ur ilks, u lack intelligent and analytical reasoning.
Government affairs is not based on discretion, it entirely based on provisions of the constitution. And these provisions must be strictly adhered to. That's the more reason why constitution is being amended on a regular basis. If you don't have enough knowledge of how government operates its better you keep quiet.

lokobyforch:

Really, u are saying a school principal cannot discipline a school teacher because it was not stated in the appointment letter, we bend nominal Nigerian laws just to suit selfish interest... a police man does not have to wear uniform because he was first a citizen.

Leboska:
Falana's argument sounds more like a beer parlour's argument

fergie001:
Watched it on Channels this morning,I saw 2 people trying as much as possible to position themselves for jobs from both arms of Government.
But that Ozekhome mouth too sweet,though I know he is a PDP lawyer and cited important sections.
Falana already has his hands stained,and cited equally nice assertions that dealt realisticallly on morals rather than legal krankumkrankums.
OP,u tried but Ozekhome also mentioned Sections 2,3,4,5.He also quoted the Customs Act(CIMA),section 31.
He also gave examples of the Major-General in charge of FRSC who still puts on the FRSC uniform,and 2 other examples.
He cited the case between Arthur Nzeribe and Senate where he called them legislathieves.Arthur Nzeribe was suspended for 12months.
He said for the fact that even Prof. Itse Sagay draws salaries and emoluments from the FG is entitled to be summoned,even if he weren't drawing salaries,he can be summoned.
He also stated by virtue of the CIMA Act,Hameed Alli is the CG and not a sole administrator,it is mandated DAT every custom official is recognized by his/her uniform.
He also stated that Magu ceased to be EFCC boss since on the 17th of March,that his name was rejected,and he can't continue in his capacity by virtue of section 2 of the EFCC Act.
That the President reserved the right to have left him in Ag.Capacity for 4years but by virtue of the fact that he has been rejected,there is no position for AG.Executive Chairman.
I maybe wrong sha,
Lawyers in d house,ngwanu.

lokobyforch:
Abeg who win this debate?



http://www.channelstv.com/2017/03/31/senate-has-the-right-to-summon-anyone-mike-ozekhome/




http://www.channelstv.com/2017/03/31/no-legislative-house-power-suspend-member-femi-falana/

fergie001:
Watched it on Channels this morning,I saw 2 people trying as much as possible to position themselves for jobs from both arms of Government.
But that Ozekhome mouth too sweet,though I know he is a PDP lawyer and cited important sections.
Falana already has his hands stained,and cited equally nice assertions that dealt realisticallly on morals rather than legal krankumkrankums.
OP,u tried but Ozekhome also mentioned Sections 2,3,4,5.He also quoted the Customs Act(CIMA),section 31.
He also gave examples of the Major-General in charge of FRSC who still puts on the FRSC uniform,and 2 other examples.
He cited the case between Arthur Nzeribe and Senate where he called them legislathieves.Arthur Nzeribe was suspended for 12months.
He said for the fact that even Prof. Itse Sagay draws salaries and emoluments from the FG is entitled to be summoned,even if he weren't drawing salaries,he can be summoned.
He also stated by virtue of the CIMA Act,Hameed Alli is the CG and not a sole administrator,it is mandated DAT every custom official is recognized by his/her uniform.
He also stated that Magu ceased to be EFCC boss since on the 17th of March,that his name was rejected,and he can't continue in his capacity by virtue of section 2 of the EFCC Act.
That the President reserved the right to have left him in Ag.Capacity for 4years but by virtue of the fact that he has been rejected,there is no position for AG.Executive Chairman.
I maybe wrong sha,
Lawyers in d house,ngwanu.

babyfaceafrica:
Who cares!!

swtdrms:


That's the problem with ur ilks, u lack intelligent and analytical reasoning.
Government affairs is not based on discretion, it entirely based on provisions of the constitution. And these provisions must be strictly adhered to. That's the more reason why constitution is being amended on a regular basis. If you don't have enough knowledge of how government operates its better you keep quiet.

rusher14:


In green: has nothing to do with Ndume's case.

In red: That an act of illegality took place unchallenged doesn't make it legal.
Falana has cited 2 cases to buttress his point.

Case 1: involved Dino Melaye who was suspended by the leadership of the house of reps beyond the 14 day house rules and a judgement was given in his favour as a result.

Case 2: The Bauchi member of the state house who was suspended but got justice in the court, as the court ruled suspension of any member of any house for any period was totally illegal and against the constitution of the country which always enjoys superiority.