By Henry Umoru, Abdulwahab Abdulah & Godwin Oritse
ABUJA— THE Senate, yesterday, took a swipe at Inspector-
General of Police, Mr Ibrahim Idris, asking him to stop
holding on to the straw on why he refused to comply with
the invitation to explain what the Police were doing to
check the spate of killings across the country.
According to the Senate, the real reason for the invitation
of the IGP was for him to brief the lawmakers on the cases
of wanton killings in the land and how to remedy the
situation.


This came as four senior lawyers differed on the powers of
the Senate to invite the IGP.


While, Mr Femi Falana, SAN, said the Senate lacks the
powers to summon the IGP, Chief Mike Ozekhome, SAN; Mr
Lawal Pedro, SAN; Norrison Quakers, SAN, disagreed,
saying the Senate was constitutionally empowered to
summon the IGP.


IGP holding on to straw— Senate


The Senate in a statement by Chairman, Senate
Committee on Media and Public Affairs, Senator Sabi
Abdullahi, noted that matters concerning the arrest of
SenatorDino Melaye had, in fact, been overtaken by events.
He said: “We noted the response issued by one Jimoh
Moshood on behalf of the IGP following Wednesday’s
resolution of the legislative chamber on the continued
refusal of the IGP to honour the invitation for him to come
and explain what the police are doing to halt the spate of
killings across the country.


“Let it be known that the IGP, by trying to reduce the reason
for his invitation by the Senate to the arrest of Senator
Melaye is simply holding on to straw. The issue of Sen.
Melaye’s arrest has been overtaken by events. The courts
are already handling the related cases.


“Our main concern is the security crisis across the country
where people are being killed in scores on daily basis. The
primary responsibility of the Police is maintenance of law
and order as well as protection of lives and property.
“If there is a breach along the line of this responsibility, we
do not see why the IGP should feel he cannot be invited to
offer explanation to the arm of government, which is
constitutionally empowered to ask questions and
investigate the breach.”


Senate can’t summon IGP — Falana


Reacting to the powers of the Senate to summon the IGP,
Falana said in an interview on Channel Television monitored
in Lagos: “The President or the governor of a state cannot
be summoned by the National Assembly. There is no such
power given to NASS by the constitution to summon
everybody.


“It has given the President the discretion to address the
National Assembly either jointly or separately on any matter
of national importance.


“The Senate didn’t get it right this time around. By virtue of
Section 67 of the Constitution, the National Assembly or
either chamber can summon a minister when the affairs of
his or her ministry are under consideration.


“The only other occasion where a public officer can be
summoned by the National Assembly is when proceedings
are ongoing to expose corruption (Section 88) and when a
law is being debated either with a view to amending it or to
have a new law entirely.”

Senate has power to summon any person —Ozekhome
Disagreeing with Falana, Mr. Mike Ozekhome, SAN, said: “I
am surprised to hear such view having regards to the
Senate. I am also surprised that opinion having regard to
the oversight function powers of the Senate under section
88 and 89 of the 1999 Constitution.


“Not only does the Senate has the power to summon any
Nigerian with regard to the matter stated under the section,
which has to do with matter on which the National
Assembly has power to make laws .


“The Senate under those sections also has the power to
summon any person and issue a warrant of arrest against
any person who refuses to honour such summons.


“Besides these constitutional provisions, we also have the
Legislative Houses power and Privileges Act under
sections 3 and 4, which gave the Senate power to summon
any person to come and testify on any issue and bring
documents and memos that the Senate desire from such a
person.


“The action of the IGP is nothing but executive rascality
which diminishes and ultimately destroys democracy
incrementally and instalmentally. Such action must be
deprecated.


It’s not out of place —Pedro


Mr Lawal Pedro, SAN, on his part, said: “In accordance with
the provision of the law, the Senate cannot be acting in line
with the provision of Section 67(2) of the constitution to
summon the IGP.


“I agree under the section that they can only summon the
minister not the IGP. However, in the light of what is
happening in the country, it is not out of place for the
Senate and the Reps to carry out an investigation.


“I believe that under section 88 of the 1999 constitution,
National Assembly has the power to invite him. However,
there is a need to pass a resolution to that effect that they
want to conduct investigation into the affairs of any person
or authority.


“‘Any person’ has been interpreted by the Interpretation Act
to include corporate body, any juristic person to include any
officer.


“My belief is that the IGP also falls into this category as an
authority. So, if the Senate want to conduct investigation
into the affairs of the person in administering of any law,
they can invite the person.”


I t’s constitutional — Quakers
Mr Norrison Quakers, SAN, said: “The issue of whether the
Senate has the power to summon any person is a
constitutional issue provided for in Section 89 (1) (c) of the
Constitution, which must be in furtherance of its powers to
conduct investigations in relation to matters or things it has
power to make laws and 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 executing or administering laws enacted
by the National Assembly. Section 88 (1)(a),(b) (i) (ii).



‘’The challenge is where as in this instance, the IGP has
declined, who will compel his attendance against the
backdrop of the community reading of Section 89 (1) (d)
and (2), on the issue compelling attendance by the
President of the Senate and the Speaker of the House of
Reps authorising the execution of the warrant by a member
of the Nigeria Police Force or by any person.”



https://www.vanguardngr.com/2018/05/shunned-summons-ozekhome-pedro-quakers-differ-falana/

One of The function of legislature, is oversight function, And they also have power to summoned anyone or institutions.

Igp is the head of an institution, and is not compulsory for the head to honour an invitation or summoned.

In this case, is not the igp personal issue, it is the institution that is involved.

In such view, if the igp is not available, the institution that was summoned can sent higher delegates with facts and figure to represent the institution,

This is not igp personal issue..

On the part of oversight function, the Senate will go to the institution to find out things by themselves

“The action of the IGP is nothing but executive rascality which diminishes and ultimately destroys democracy
incrementally and instalmentally. Such act must be deprecated."