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CSO: Reps panel lacks power to summon governors

Reps panel directs Remita to refund 'N182bn withheld' from TSA since 2015 Reps panel directs Remita to refund 'N182bn withheld' from TSA since 2015
House of reps

The Patriots for the Advancement of Peace and Social Development (PAPSD) has faulted the house of representatives committee on public petition for summoning governors.

Last week, the committee summoned Hyacinth Alia, governor of Benue; and Dauda Lawal, his Zamfara counterpart; over the political crises in their respective state legislatures.

The committee also invited the speakers and leadership of both assemblies.

The panel issued the summon following a petition filed by the Guardians of Democracy and Rule of Law, a civil society organisation (CSO).

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The governors and speakers were asked to explain why the house of representatives should not take over the functions of the assemblies.

The investigative hearing is scheduled for May 8.

In a statement issued on Monday, Sani Shinkafi, PAPSD executive director, said the committee has no constitutional power to summon democratically elected governors or state assembly leaders to a public hearing on “strictly internal affairs of their states”.

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“It is against the spirit and letter of the nation’s grundnorm that guides the actions of all arms of government and citizens,” the statement reads.

“Nigeria is a federation with three tiers of government — federal, state and local government. Their duties, functions and responsibilities are clearly spelt out in the constitution.

“The principle of separation of powers by the executive, legislature and judiciary is equally enshrined in the constitution for effective governance and to prevent undue interference by another arm of government.”

He said the power of the national assembly to summon citizens is limited to matters within its legislative competence, such as federal laws, appropriations, or oversight of federal agencies.

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“It is not unlimited power to summon everyone. Thus, summoning a governor for clearly state matters exceeds the National Assembly’s authority as Nigeria is a federation, where states have autonomy under Section 4(6) and (7),” he said.

Shinkafi said the majority of members (15 of 24) of the Zamfara state house of assembly have been holding meetings and transacting their legislative business.

“Though some members were suspended as obtainable in all parliaments when there are breaches in established rules, the Assembly has been functioning effectively,” he said.

“There is no breach of the peace in that regard. It was only last week that the nine suspended members decided to hold a parallel sitting, an issue the Assembly will resolve.

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“There is nothing whatsoever that warrants the House of Representatives to summon the governor and Assembly leadership for a public hearing, let alone to contemplate taking over the functions of the Zamfara State Assembly.

“There is no civil unrest or disruption of the executive and legislative duties.”

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Shinkafi claimed those who petitioned the house of representatives to summon the governors are among individuals calling for a declaration of emergency rule in Zamfara.

“The purported crisis exists in the fertile imaginations of political enemies of the state eager to dismantle its democratic structures,” he said.

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Shinkafi added that the national assembly should focus on making laws to address the country’s insecurity rather than overstepping its constitutional roles.

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