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What The Constitution Says About Summons By The National Assembly - Politics - Nairaland

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What The Constitution Says About Summons By The National Assembly by joedams: 6:14am On May 11, 2018
With regards to the Senate’s powers to summon a person, Section 89, subsection 1 of the 1999 Constitution say:

(1) For the purposes of any investigation under section 88 of this Constitutional and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to –

(a) procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;

(b) require such evidence to be given on oath;

(c) summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and

(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.

Re: What The Constitution Says About Summons By The National Assembly by three: 6:31am On May 11, 2018
It will be erroneous to state that the Senate cannot summon the IG.

7 Likes

Re: What The Constitution Says About Summons By The National Assembly by Alejoc(m): 6:31am On May 11, 2018
IG is wrong on this one!

Buhari should be ashamed of dragging our democracy in the mud!

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Re: What The Constitution Says About Summons By The National Assembly by Nobody: 6:31am On May 11, 2018
a full police chief of the nation is disobeying the president and the law of the land. what do you expect from his foot soldiers and the rest of the country? i am still an advocate of spliting this country even though my family have most of their investments in the west. its a small price to pay for the sanity of this generation and the one after it..
Re: What The Constitution Says About Summons By The National Assembly by Nasa28(m): 6:32am On May 11, 2018
OK.But we don't have a constitution na.
Re: What The Constitution Says About Summons By The National Assembly by Eggcelent(m): 6:39am On May 11, 2018
I Guess This Is A Case Of "Do Me, I Do You". Senate Didn't Co-operate With The Police Over The Latter's
Investigation Of Certain Allegations Against Dino Melaye. Hence, IGP Probably Sees This As An Opportunity To Take Police's Own Pound Of Flesh.

For Us To Get Best Out Of This Democratic Dispensation, There Must Be Mutual Respect Among Institutions Of Government. These Institutions Are Like Different Parts Of The Body, They Need One Another To Function Optimally

2 Likes

Re: What The Constitution Says About Summons By The National Assembly by new2012: 7:04am On May 11, 2018
Eggcelent:
I Guess This Is A Case Of "Do Me, I Do You". Senate Didn't Co-operate With The Police Over The Latter's
Investigation Of Certain Allegations Against Dino Melaye. Hence, IGP Probably Sees This As An Opportunity To Take Police's Own Pound Of Flesh.

For Us To Get Best Out Of This Democratic Dispensation, There Must Be Mutual Respect Among Institutions Of Government. These Institutions Are Like Different Parts Of The Body, They Need One Another To Function Optimally


The constitution is explicit in this, they can summon anyone. The IG not going has just disobeyed the constitution of the federal republic of Nigeria.


Two wrongs don't make a right. He has done much more wrong than they have., they did not all refused his call, only one Senator did.

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Re: What The Constitution Says About Summons By The National Assembly by Shalomc(f): 7:07am On May 11, 2018
Sagay is dancing naked in the market place.

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Re: What The Constitution Says About Summons By The National Assembly by new2012: 7:08am On May 11, 2018
The constitution has been abused by the IG employed to defend it. Forget the senators, they are not fit.

The IG had issues to grind with a Senator not all. Eventually the custom boss answered to the Senate, this IG has just messed up by trying to sway emotions


Those guys are politicians, they are cunning and fraudulent, they will deal with the IG now or later in whichever means possible. Mark my words.

Where is Mba, PDP used him and he got dumped by the next party and even the PDP that used him have long abandoned him.

If he was wise, he would have used it ad an opportunity to slam them in the house with facts, not by not showing up.

1 Like

Re: What The Constitution Says About Summons By The National Assembly by Shalomc(f): 7:09am On May 11, 2018
new2012:
The constitution has been abused by the IG employed to defend it. Forget the senators, they are not fit.

The IG had issues to grind with a Senator not all. Eventually the custom boss answered to the Senate, this IG has just messed up by trying to sway emotions


Those guys are politicians, they are cunning and fraudulent, they will deal with the IG now or later in whichever means possible. Mark my words.

Where is Mba, PDP used him and he got dumped by the next party and even the PDP that used him have long abandoned him.
This IG will engineer the downfall of the APC government.

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Re: What The Constitution Says About Summons By The National Assembly by new2012: 7:11am On May 11, 2018
Shalomc:

This IG will engineer the downfall of the APC government.

He disobeyed the president on Benue issue, APC explained it away, now he refused to show up to a senate bidding and they are defending... Time shall tell.

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Re: What The Constitution Says About Summons By The National Assembly by Shalomc(f): 7:13am On May 11, 2018
new2012:


He disobeyed the president on Benue issue, APC explained it away, now he refused to show up to a senate bidding and they are defending... Time shall tell.
This was how the PDP madness started.
Cc
Firefire.. salamrushdie lzaa immhotep pointzerom iceberg3

5 Likes 1 Share

Re: What The Constitution Says About Summons By The National Assembly by CilicMarin: 7:15am On May 11, 2018
Ipob members thread. *walks out*

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Re: What The Constitution Says About Summons By The National Assembly by new2012: 7:15am On May 11, 2018
Shalomc:

This was how the PDP madness started.

Exactly.. Impunity..

Such overconfidence that if they do anything, nothing will happen.

The phase has started.
Re: What The Constitution Says About Summons By The National Assembly by Shalomc(f): 7:16am On May 11, 2018
new2012:


Exactly.. Impunity..

Such overconfidence that if they do anything, nothing will happen.

The phase has started.
We the masses who fought for this democracy will respond in like currency soonest.
Re: What The Constitution Says About Summons By The National Assembly by aribisala0(m): 7:18am On May 11, 2018
joedams:
With regards to the Senate’s powers to summon a person, Section 89, subsection 1 of the 1999 Constitution say:

(1) For the purposes of any investigation under section 88 of this Constitutional and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to –

(a) procure all such evidence, written or oral, direct or circumstantial, as it may think necessary or desirable, and examine all persons as witnesses whose evidence may be material or relevant to the subject matter;

(b) require such evidence to be given on oath;

(c) summon any person in Nigeria to give evidence at any place or produce any document or other thing in his possession or under his control, and examine him as a witness and require him to produce any document or other thing in his possession or under his control, subject to all just exceptions; and

(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refused or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.

Words must be defined.

What is te definition of "Investigation"

What exactlly does section 88 say

There is a tendency especially to misuse this summons powers if its limits are not clear. There s no power without limit.
Recently we have had complaints from company CEOs and others about gratuitous summons. Almost using the power of summons like a toy

Let us assume they have the power to summon the IG . Does ths power have a limit.?

Can they summon him every month, every week , every 2 days. At what point do we say this is gettting silly.


To the best of my knowledge there is no "investigation" going on. Whilst I think the IG should respect the summons. The Senators themselves do more to rubbish the institution than anyone else. It seems clear to all Nigerians that this is about Dino Melaye and that makes it difficult to take them seriously. Often their motiation is egotistic rather than in the National interest.. We need more serious and focussed individuals in the National Assembly
Re: What The Constitution Says About Summons By The National Assembly by new2012: 7:21am On May 11, 2018
Shalomc:

We the masses who fought for this democracy will respond in like currency soonest.

Goodluck with that
Re: What The Constitution Says About Summons By The National Assembly by Firefire(m): 7:23am On May 11, 2018
Shalomc:

This was how the PDP madness started.
Cc
Firefire.. salamrushdie lzaa immhotep pointzerom iceberg3

Nigeria as a state is drifting to lawlessness and eventually anarchy.

No two ways: Buhary, the pioneer of ‘disobedience’ to our rule of law has laid a solid foundation and in due time if not properly addressed will lead to the fall of the entire democratic structure in Nigeria.

We warned Nigerians against voting a tyrant into power.


If Nigerians are still interested in democracy, they should ensure APC & her evil agents with their demonic agendas are not allowed to come near any public office after their first term.

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Re: What The Constitution Says About Summons By The National Assembly by dadavivo: 7:24am On May 11, 2018
APC is destroying Nigeria. I hope if tomorrow another IG disobey our national Assembly Sagay and falana won't switch their mouth

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Re: What The Constitution Says About Summons By The National Assembly by SuperS1Panther: 7:24am On May 11, 2018
You cannot read section 89 in isolation when it made reference to section 88.

What is the meaning of "interrogation" in the Interpretation Act?
Re: What The Constitution Says About Summons By The National Assembly by aribisala0(m): 7:28am On May 11, 2018
SuperS1Panther:
You cannot read section 89 in isolation when it made reference to section 88.

What is the meaning of "interrogation" in the Interpretation Act?
You are right about section 88 but Interpretation Act is not particularly relevant

No "ACT" can be used to interpret the constitution since all acts are subordinate to the constitution

1 Like

Re: What The Constitution Says About Summons By The National Assembly by PFRB: 9:26am On May 11, 2018
So Falana is not as brilliant as we think?

1 Like

Re: What The Constitution Says About Summons By The National Assembly by wirinet(m): 9:57am On May 11, 2018
PFRB:
So Falana is not as brilliant as we think?

Falana is more brilliant than you think. Read the heading of Section 89, subsection 1 of constitution to understand his brilliancy;


Section 89, subsection 1

(1) For the purposes of any investigation under section 88 of this Constitution
and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to –

The bolded specifies the limits of section 89, subsection 1; it clearly says For the purposes of any investigation under section 88 of this Constitution.

Now let's go and see section 88 of the constitution;

Section 88. Power to conduct investigations
(1) Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into ¬
(a) any matter or thing with respect to which it has power to make laws, and
(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for –
(i) executing or administering laws enacted by National Assembly , and
(ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

https://nigerian-constitution.com/chapter-5-part-1-section-88-power-to-conduct-investigations/

If you read the parts I bolded, you will see that the constitution said the national assembly can only investigate matters in respect to which it has power to make laws,

If you read section 88 further to section 2;

(2) The powers conferred on the National Assembly under the provisions of this section are exercisable only for the purpose of enabling it to ¬
(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in the disbursement or administration of funds appropriated by it.

It says the provisions of this section are exercisable only For the purpose of enabling it makes laws, exposed corruption, inefficiency or administration of laws within its legislative competence.

Now tell me where it states you can summon a person to explain why Dino Melaye was inhumanely treated. Abi Dino Melaye dey our constitution?

The senators seem not to have a copy of our constitution.
Re: What The Constitution Says About Summons By The National Assembly by jaychubi: 10:07am On May 11, 2018
But he responded to their summon by sending DIG operation so what else does d stupid senators want, must he appear in person?

This is an official issue not personal issue

It's a failed attempt by Senate to intimidate our IGP.

Calling an IG to question him over Dino case which is already in court is nonsensical n dt is putting it mildly

Dino is not above the law and his public conduct is not befitting of a senator
Re: What The Constitution Says About Summons By The National Assembly by NothingDoMe: 10:15am On May 11, 2018
jaychubi:
But he responded to their summon by sending DIG operation so what else does d stupid senators want, must he appear in person?

This is an official issue not personal issue

It's a failed attempt by Senate to intimidate our IGP.

Calling an IG to question him over Dino case which is already in court is nonsensical n dt is putting it mildly

Dino is not above the law and his public conduct is not befitting of a senator
You don't send a delegate when summoned by Senate. It is not a social function.

1 Like

Re: What The Constitution Says About Summons By The National Assembly by wirinet(m): 10:15am On May 11, 2018
jaychubi:
But he responded to their summon by sending DIG operation so what else does d stupid senators want, must he appear in person?

This is an official issue not personal issue

It's a failed attempt by Senate to intimidate our IGP.

Calling an IG to question him over Dino case which is already in court is nonsensical n dt is putting it mildly

Dino is not above the law and his public conduct is not befitting of a senator

Abeg yarn me, watin Dino case got to go with making laws? What can the national assembly do in Dino's case? It is the judiciary that can help Dino and not the legislature.
Re: What The Constitution Says About Summons By The National Assembly by jaychubi: 10:22am On May 11, 2018
NothingDoMe:
You don't send a delegate when summoned by Senate. It is not a social function.

D police act allows the IGP to delegate his official duties to DIG or AIG. Dts d law, insisting IGP must come in person makes d Senate not only shallow but childish.

D brilliant IGP has even dragged d Senate to court to seek interpretation as to whether he must appear in person always when summoned by d Senate.

D minimum qualification to be IGP in Nigeria is rank of AIG let's not forget dt
Re: What The Constitution Says About Summons By The National Assembly by NothingDoMe: 10:32am On May 11, 2018
jaychubi:


D police act allows the IGP to delegate his official duties to DIG or AIG. Dts d law, insisting IGP must come in person makes d Senate not only shallow but childish.

D brilliant IGP has even dragged d Senate to court to seek interpretation as to whether he must appear in person always when summoned by d Senate.

D minimum qualification to be IGP in Nigeria is rank of AIG let's not forget dt
Can you quote the police act and let's compare it with what the OP posted. Lets see if he can escape senate summons by delegation.
Re: What The Constitution Says About Summons By The National Assembly by PointZerom: 11:01am On May 11, 2018
Eggcelent:
I Guess This Is A Case Of "Do Me, I Do You". Senate Didn't Co-operate With The Police Over The Latter's
Investigation Of Certain Allegations Against Dino Melaye. Hence, IGP Probably Sees This As An Opportunity To Take Police's Own Pound Of Flesh.

For Us To Get Best Out Of This Democratic Dispensation, There Must Be Mutual Respect Among Institutions Of Government. These Institutions Are Like Different Parts Of The Body, They Need One Another To Function Optimally
Can you also tell us why the IG disobeyed the president.

1 Like

Re: What The Constitution Says About Summons By The National Assembly by PointZerom: 11:14am On May 11, 2018
Shalomc:

This was how the PDP madness started.
Cc
Firefire.. salamrushdie lzaa immhotep pointzerom iceberg3
In 1984 he returned Nigeria to military rule and drove her to reccession, in 2015 he repeated the same therby breaking his own record of stupidity. Buhari is demonic. Cc progress69 MADridguy

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Re: What The Constitution Says About Summons By The National Assembly by Shalomc(f): 11:16am On May 11, 2018
grin justtoodark
PointZerom:
In 1984 he returned Nigeria to military rule and drove her to reccession, in 2015 he repeated the same therby breaking his own record of stupidity. Buhari is demonic. Cc progress69 MADridguy
Re: What The Constitution Says About Summons By The National Assembly by PFRB: 11:18am On May 11, 2018
wirinet.
You seem to have lost track of the constitution you were quoting. Too bad. First of all police affairs, safety, security and well being of citizens are areas where the senate has powers to make laws. So anybody can be summoned in these areas .

The purposes of a summon are for making laws, addressing corruption, inefficiencies wastes, for oversight and funding.
It appears you and Falana have become rusty.

See the full list as you posted but you did not grasp what you posted.

......(1) Subject to the provisions of this Constitution, each House of the National Assembly shall have power by resolution published in its journal or in the Official Gazette of the Government of the Federation to direct or cause to be directed investigation into ¬
(a) any matter or thing with respect to which it has power to make laws, and
(b) the conduct of affairs of any person, authority, ministry or government department charged, or intended to be charged, with the duty of or responsibility for –
(i) executing or administering laws enacted by National Assembly , and
(ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly.

https://nigerian-constitution.com/chapter-5-part-1-section-88-power-to-conduct-investigations/...........

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