Constitutional Authority Of National Assembly To Summon Governors, State Assembly Leaders

In the wake of the recent summons extended by the House of Representatives to two governors and the principal officials of their respective Houses of Assembly, Ahmad Dan-Wudil interrogates the capacity of the National Assembly to extend such a summon in a federation.

I. INTRODUCTION

The recent summons issued by the House of Representatives to the Executive Governors of Benue and Zamfara States, along with the leadership of their respective State Houses of Assembly, has ignited significant constitutional and jurisprudential discourse. This legal opinion is offered in response to the constitutional questions raised by that development.

As a one-time a research assistant at the Faculty of Law, Ahmadu Bello University, Zaria, I consider it imperative to elucidate the scope and limits of the House of Representatives’ constitutional powers in this regard. My analysis is anchored in the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended), judicial precedents, and the broader doctrine of constitutional accountability.

II. THE CONSTITUTIONAL BASIS FOR LEGISLATIVE SUMMONS

A. Investigative Powers Under Sections 88 and 89 of the 1999 Constitution

The investigative and oversight functions of the National Assembly are primarily derived from Sections 88 and 89 of the Constitution. Specifically, Section 88(1) empowers each House of the National Assembly to:

“…investigate any matter or thing with respect to which it has power to make laws; and the conduct of affairs of any person, authority, ministry or government department charged with the duty of executing or administering laws enacted by the National Assembly or disbursing or administering moneys appropriated by the National Assembly.”

Furthermore, Section 89(1)(c) states:

“…the House shall have power to 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.”

The constitutional language—“any person in Nigeria”—is deliberately broad and unqualified. It encompasses all persons within the jurisdiction of Nigeria, including state-level public office holders, such as Governors and Speakers of State Assemblies, particularly where issues of national concern or legislative competence are implicated.

Thus, where the conduct of a State Governor or a State Assembly implicates national security, public interest, or infringes constitutional principles, the House of Representatives possesses the authority to summon such officials.

III. THE DOCTRINE OF IMMUNITY: SCOPE AND LIMITATIONS

A. Immunity Under Section 308: Not a Shield Against Legislative Oversight

It is often asserted that Section 308 of the Constitution insulates serving Governors from all forms of inquiry. This is a misinterpretation. Section 308(1) provides immunity from:

> “civil or criminal proceedings in court; arrest or imprisonment; and service of court processes.”

These immunities are judicial in nature. The provision does not confer immunity from legislative or administrative scrutiny, especially when such oversight does not culminate in criminal or civil liability but seeks to uphold transparency, accountability, and constitutional compliance.

The Court of Appeal in El Rufai v. House of Representatives (2003) held that legislative bodies have the power to invite public officials—even those enjoying constitutional immunity—to testify in connection with matters under legislative investigation, provided that such inquiries are not adjudicatory in nature.

Therefore, a legislative summons issued pursuant to Section 89 is not equivalent to litigation or prosecution. It is an instrument of democratic accountability, entirely consistent with constitutional governance.

IV. THE OVERRIDING PUBLIC INTEREST

The legitimacy of legislative oversight is ultimately grounded in the principle of public interest. The National Assembly, as a representative of the Nigerian people, must be vigilant in preserving constitutional order, protecting democratic institutions, and addressing grievances that concern public interest.

In the case of Zamfara State, the purported suspension of seven duly elected members of the State Assembly and the controversial declaration of the seat of duly elected member vacant raise grave constitutional questions. Such acts may constitute breaches of legislative procedure and democratic norms. The Governor’s apparent acquiescence—if not endorsement—of these acts demands legal and moral scrutiny.

Where elected officials appear to act in defiance of constitutional norms, the National Assembly is empowered, indeed obliged, to intervene through lawful oversight mechanisms, including summons.

The key question is not whether the Governor or the Speaker can be summoned, but they have questions to answer.

V. CONCLUSION

In my considered legal opinion, the House of Representatives is vested with constitutional authority under Sections 88 and 89 of the 1999 Constitution to summon State Governors and State Assembly leaders where matters of public interest, national concern, or legislative competence are implicated.

Section 308 does not provide a blanket exemption from legislative inquiry. The immunity it confers is limited to judicial processes and does not bar non-coercive invitations to clarify matters of national concern. Such summons are neither punitive nor prosecutorial, but rather tools of democratic accountability.

Governors and Assembly leaders must not invoke immunity as a shield against legitimate oversight. Accountability is the lifeblood of constitutional democracy. No public office holder, no matter how highly placed, is above the people’s right to transparency.

Accordingly, the actions of the House of Representatives in summoning the Governors of Benue and Zamfara States, and the leadership of their respective State Assemblies, are legally valid, constitutionally supported, and deeply necessary in the pursuit of democratic governance and rule of law.

Ahmad Dan-Wudil writes from Abuja, Nigeria

Send Us A Press Statement Advertise With Us Contact Us

 And For More Nigerian News Visit GWG.NG