aribisala0:
Falana is not being honest
THIS IS what the constitution says



88. (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.

(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.

89. (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.

(2) A summons or warrant issued under this section may be served or executed by any member of the Nigeria Police Force or by any person authorised in that behalf by the President of the Senate or the Speaker of the House of Representatives, as the case may require.




I REPRODUCE AGAIN


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 is clear that the National Assembly has the power to investigate the police to expose not only corruption as claimed by Falana but also
INEFFICIENCY or WASTE.

Is the Nigerian police inefficient or liable to be investigated for inefficiency? If yes then the National Assembly can summon any person for such investigation

Whether they can summon the president is debatable on the grounds that he has immunity but even that is not clear and may require judicial determination

Thank you my brother for the good job.

The NASS can invite the IGP based on the constitution. See section 88 (2)(b)

Falana should apologize to Nigerians for his goof

Was he actually screened by the Senate before assuming office, if not its a dead on arrival situation.

The same senators that know nothing more than Jon Snow?

jamace:
Thank you my brother for the good job.

The NASS can invite the IGP based on the constitution. See section 88 (2)(b)

Falana should apologize to Nigerians for his goof

I don't like the word goof. He is a lawyer and has taken a stand others shall take a different stand.

Sometimes even our courts make strange decisions and they become law.

The Amaechi judgment comes to mind . The 12 2/3 is another one.

Lawyers are similar to pastors in this regard who say you must be guided bby the spirit when reading the bible.

Lawyer too claim there is a spirit behind laws which cannot be grasped by carnal minds

GavelSlam:


Provide sections of the constitution to back your claim.

Read 1999 Constitution section 89:1c

Educate yourself

aribisala0:
I don't like the word goof. He is a lawyer and has taken a stand others shall take a different stand.

Sometimes even our courts make strange decisions and they become law.

The Amaechi judgment comes to mind . The 12 2/3 is another one.

Lawyers are similar to pastors in this regard who say you must be guided bby the spirit when reading the bible.

Lawyer too claim there is a spirit behind laws which cannot be grasped by carnal minds

I get it. Thanks.

With profound respect to the learned senior advocate, the legal opinion is short-through, full of half truth and sophistry.

Agreed, section 67 favours the president in that it is within the discretion of the president to attend meetings of the National Assembly. But, that is on a fairer note because what is in contention here is not that the president cannot attend a meeting of the legislative chamber. The issue therefore, is whether the Senate has the power to summon any person in Nigeria?

Submissively, by the provision of section 88 of the 1999 CFRN (As amended), it is trite that the NATIONAL ASSEMBLY (in this case, the Senate), has the power to summon any person and can even issue summons, warrants and conduct investigation. It is should be noted that this provision tells more of the suggestive principle of separation of powers to the extent that it is not strictus- senso total separation as the three arms have similarities in the exercise of their powers.

Accordingly, while the legislature has power similar to that of a court of law (the judiciary) in this respect, there are also such other powers exercisable by the executive wherefore it's sub-agents can summon any person i.e which arm appoints heads of government departments such as the IG of Police who also issue summons, conduct similar investigations, issue warrant and carryout arrests amongst other things. I rest my case!

Pierohandsome:
I disagree with Falana on this, Senate cn summon the president not to talk of ordinary IGP .

The Senate arm is for checks and balances, the IGP is an appointee who is answerable to the people and can be summoned by the people thru the senate.

Mr Falana, i disagree with u on this.

no wonder the country is in chao with mind like this.
and who check the senators when they go awry,what a sillyyy youth and this one will come out and say Nigeria is not moving forward when he's head is full of beans

If the national assembly can't summon an appointee of the president,then there is a big problem with our constitution,that is just what Mr. Falana has been able to identify.
Regarding the present summon by NASS,I think it is more political (dino melaye)than the honest interest of we the masses.God help us

jamace:
Thank you my brother for the good job.

The NASS can invite the IGP based on the constitution. See section 88 (2)(b)

Falana should apologize to Nigerians for his goof

Actually, you guys do not understand how the law can be interpreted. Falana wrote “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.”

He interpreted that section to mean when the legislature is investigating corruption. To be honest, that section is ambiguous and it will be left to a court to determine the limitations of a summons. Both side can interpret it as they wish. A strict interpretation will likely result in what Falana said and loose interpretation may favor the senate.

KidsNEXTdoor:


Am glad you have exposed the complexity of the executive in this saga.... The Executive is clearly anti democratic... They are the ones beating the drums for the mad IGP as he dances unclad in the village square..

Keep supporting Evil ...zombies are all ignorant sha

Ignorant can't read and comprehend ipob zombie calling other people zombie. It's about the Constitution as explained in the article that you ipob illiterates don't know how to read and comprehend.


Village square losers.

bayulll011:


no wonder the country is in chao with mind like this.
and who check the senators when they go awry,what a sillyyy youth and this one will come out and say Nigeria is not moving forward when he's head is full of beans

u r the one tht is dumb and full of hate for the senate because of Saraki

go and read section 88, 89 and see hw dumb u are

[quote author=Pierohandsome post=67492029][/quote]

good, i was xpecting that , now one more thing where in our constitution does it stipulate that in the event of summoning any public office holder such person as no right to delegate afterall even the iGP idris is just a representation of NPF,who get NPF?
public offices delegate power all the time, i.e whoever i delegate is acting in full capacity as me ... why is their an exception this time , is it personal vendatta, do we av a corruption case here or did idris commit a crime ... only on these occassions can anyone not delegate responsibility .... i stand to be correct certified lawyers in the house do me jejely o !!

GavelSlam:


Provide sections of the constitution to back your claim.

His sentimental mind. Section 2 sub section 1

ericsmith:


good, i was xpecting that , now one more thing where in our constitution does it stipulate that in the event of summoning any public office holder such person as no right to delegate afterall even the iGP idris is just a representation of NPF,who get NPF?
public offices delegate power all the time, i.e whoever i delegate is acting in full capacity as me ... why is their an exception this time , is it personal vendatta, do we av a corruption case here or did idris commit a crime ... only on these occassions can anyone not delegate responsibility .... i stand to be correct certified lawyers in the house do me jejely o !!

no whr the constitution says u cannot be represented by an aid,but the senate saying they want the IGP in person then he must appear, there are certain clarifications an aid cannot give .so why is the IGP disrespecting the senate by refusing to appear.

disrespecting the senate is disrespecting the entire country including u and me because the senate is the representative of the people,it is not abt Saraki ad Ekweremadu bt it is abt the entire nation including u ad me.

people are been murdered in Benue, taraba, zamfara etc in mass, and the person in charge of the internal security is refusing to appear for questioning, isnt that corruption and flagrant disregard for human life and constituted authority?

It means the IGP is directly telling us he is too big to be interrogated for ineptitude

Realhommie:
What's there to weep about please? Your post reeks of sentiment.

A SAN was on a talk show on live TV, he was asked questions and he answered even quoting relevant sections of the constitution to back up his points.. If you feel hard done by please counter him with your own points with relevant backings from the constitution as well.

You accuse people of being political because they chose to be objective rather than sentimental, you should go weep for yourself.

The senate spokesman was on channels tv yesterday morning, he couldn't even counter this yet you think Falana SAN and those who see reasons with him are wrong and are just being political... SMH


If you must know this, the NASS constitutes over 60% of the problem plaguing this nation today, especially these current crop and most especially the present senate. Their own too much.

Falana has never been the man we hope he would be, we felt he will fit Gani's shoes, unfortunately, he never will be.

And you my friend, everybody tilt to a side. Stop trying to be neutral

BushWickBill:


Read your constitution oga.

Stop blabbing without facts.

Falana has simply quoted the relevant sections to buttress his argument. You are in your beer parlor spewing this trash.

Argue with your keyboard, olodo.

Thanks for the insult, have a great day

new2012:


Thanks for the insult, have a great day

Don't forget to read your constitution and use facts when debating.

Thank you

Twy:


Actually, you guys do not understand how the law can be interpreted. Falana wrote “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.”

He interpreted that section to mean when the legislature is investigating corruption. To be honest, that section is ambiguous and it will be left to a court to determine the limitations of a summons. Both side can interpret it as they wish. A strict interpretation will likely result in what Falana said and loose interpretation may favor the senate.

We don't even have to get into the needless legalities and grand standing, all the arms of government are blessed with the Nigeria Constitution to guard and direct them as they perform their official public duties, so if the Constitution per this issue is on the side of the Senate, they have corrective tools at their disposal to work, like amending or even creating new laws to enforce compliance.

They can also throw contempt of the Senate charges against the IG, but they obviously can not so because they are either Constitutionally incompetent and ignorant per their own rights as the legislative arm of government or they know they don't have any Constitutional backing or rights to summon the IG in the first place and they can not do anything about it.

Why are they not sitting relevant parts within the Nigerian Constitution that says the IG must accept their summons?

The Senate in it's present for is nothing but a sad and pathetic body, their actions are never in the interests of the Nigerian people, even this summon issue is about their crooked and corrupt Dino, not about Nigerians orany serious issues facing Nigeria as a country.

BushWickBill:


Don't forget to read your constitution and use facts when debating.

Thank you

Yessir.

Twy:


Actually, you guys do not understand how the law can be interpreted. Falana wrote “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.”

He interpreted that section to mean when the legislature is investigating corruption. To be honest, that section is ambiguous and it will be left to a court to determine the limitations of a summons. Both side can interpret it as they wish. A strict interpretation will likely result in what Falana said and loose interpretation may favor the senate.

I may agree with you on your last statement.
However a law making body like the senate should steer clear of ambiguity.
Hence reading a loose meaning to that section wil set a worrying precedent. Laws should be followed strictly in most cases, except where there is a need for an otherwise scenario.

Like Falana said, if the senate were alive to their responsibilities they by now should have sewn up loose ends like these in the constitution. But we know it is not the case as they are just there for their selfish ends.

For me if the Senate cannot conclusively expressly and comprehensively state where the IGP can be invited, they are just making noise.

Twy:


Actually, you guys do not understand how the law can be interpreted. Falana wrote “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.”

He interpreted that section to mean when the legislature is investigating corruption. To be honest, that section is ambiguous and it will be left to a court to determine the limitations of a summons. Both side can interpret it as they wish. A strict interpretation will likely result in what Falana said and loose interpretation may favor the senate.

Well, that section is clear enough that the IGP can be summoned by the NASS except our lawyers have special interest to make it ambiguous.

new2012:


Falana has never been the man we hope he would be, we felt he will fit Gani's shoes, unfortunately, he never will be.

And you my friend, everybody tilt to a side. Stop trying to be neutral

Lol.
Falana is not the man you hoped he will be simply because he won't back your sentimental position which by default is anything anti-executive.

Seriously and with no offense, you need to do better. You haven't noticed that the Senate hasn't managed to do anything to convince Nigerians that they have a case in this matter, aside from appealing to the emotions of Nigerians through chest beating and hollow pronouncements. They are trying to whip up sympathy as being oppressed by agents of the executive, but some of us can see them for the vacuous lot that they are.

The budget for the country has yet to be debated extensively by this same Senate nearly 5months into the new year. And you actually think they know what they are doing.

I pity you.

GavelSlam:


Provide sections of the constitution to back your claim.

I doubt if you have the constitution close to you. You can refer to Sec. 76. It states that the Senate make Laws for the of the society. It means if lawlessness such as killings, non compliance with the law of the land, when there is total desregard to court orders, the IG can be invited for questioning. Am sure you are very happy because Falana, one of the well known tribalists, a man who is from time known to be the supporter of the hausas even when people of the north killed Awolowo, they killed Abiola, his wife, imprisoned Obasanjo, imprisoned Gen Paul Duya and so many atrocities against the ever known lazy Yorubas, will continue to support the north.

kinibigdeal:



Even if they summon him for because of Melaye, how does that relate to the disobedience to the rule of law. If Melaye's case is not political he should go ahead and face the senate explaining why Melaye was arrested in the first place

because melaye is a super natural citizen where by when he committed an offense the Senate would summon I G.

Realhommie:
What's there to weep about please? Your post reeks of sentiment.

A SAN was on a talk show on live TV, he was asked questions and he answered even quoting relevant sections of the constitution to back up his points.. If you feel hard done by please counter him with your own points with relevant backings from the constitution as well.

You accuse people of being political because they chose to be objective rather than sentimental, you should go weep for yourself.

The senate spokesman was on channels tv yesterday morning, he couldn't even counter this yet you think Falana SAN and those who see reasons with him are wrong and are just being political... SMH


If you must know this, the NASS constitutes over 60% of the problem plaguing this nation today, especially these current crop and most especially the present senate. Their own too much.

Your post reek of sentiments and naivety. NASS has the right to summon IGP and Service Chiefs. Its immaterial what you think of the senate. Meanwhile the executive still controls 95% of the budget

Pierohandsome:
I disagree with Falana on this, Senate cn summon the president not to talk of ordinary IGP .

The Senate arm is for checks and balances, the IGP is an appointee who is answerable to the people and can be summoned by the people thru the senate.

Mr Falana, i disagree with u on this.

What does the constitution say about the issue?

new2012:


Falana has never been the man we hope he would be, we felt he will fit Gani's shoes, unfortunately, he never will be.

And you my friend, everybody tilt to a side. Stop trying to be neutral

Gani is Gani and Falana is Falana, they're different people, although with similar ideology/philosophy but can not be the same, not in this life and never. Love or loathe him (Gani) it won't change nada, he's earned respect all over and he remains a legal authority as far as our country is concerned.

And yes i agree with you that everyone tilts to a side, how about with logic/critical reasoning other than with mere sentiments and emotions? Finally i never said i was neutral, I'm rational. #Peace

what do you expect from a useless afonja charge and bail lawyer
it really sucks to be an afonja

BigIyanga:

Your post reek of sentiments and naivety. NASS has the right to summon IGP and Service Chiefs. Its immaterial what you think of the senate. Meanwhile the executive still controls 95% of the budget

Use another line please.

Pierohandsome:
no whr the constitution says u cannot be represented by an aid,but the senate saying they want the IGP in person then he must appear, there are certain clarifications an aid cannot give .so why is the IGP disrespecting the senate by refusing to appear.

disrespecting the senate is disrespecting the entire country including u and me because the senate is the representative of the people,it is not abt Saraki ad Ekweremadu bt it is abt the entire nation including u ad me.

people are been murdered in Benue, taraba, zamfara etc in mass, and the person in charge of the internal security is refusing to appear for questioning, isnt that corruption and flagrant disregard for human life and constituted authority?

It means the IGP is directly telling us he is too big to be interrogated for ineptitude

Oga SAN for nairaland please do you now think that the NASS want to summon the IG for your interest? Don't you think that those bunch of idiots want to summon the IG in person in order to disgrace him with their show of power? If they are sincere to themselves they should have given the representative the listening ear and if they are not satisfied then they can now say they want to see the IG in person. Killing has been the order of the day since the last two years and non of them had any concern about it and thought of summoning the IG, only for them to wake up from their sleep when one of their own is being arrested. I WEEP FOR THE YOUTHS OF THIS COUNTRY WHEN IT COMES TO SUPPORTING WRONG THING.