Sagay threatens to drag Senate to court over summons

The chairman, Presidential Advisory Committee Against Corruption (PACAC) Prof Itse Sagay (SAN), is not taking the summons issued to him by the Senate lightly.

He has urged the Senate to withdraw the summon for him to appear before it and threatened that he will not hesitate to challenge the legal validity of the summons in court if they fail to do so.

This was contained in his letter dated April 3 and addressed to Senate President Bukola Saraki, where he insisted that the Senate has no constitutional right to summon him.

Following an interview, where he described the Senate as being “childish and irresponsible” for demanding that President Muhammadu Buhari sack the Economic and Financial Crimes Commission (EFCC) acting chairman Ibrahim Magu, the lawmakers had summoned Sagay to appear before the Ethics, Privileges and Public Petitions Committee.

But Sagay responding in his letter said his criticism was based on Section 171(1) of the Nigeria Constitution, which gives the President power to appoint any person to hold or act as head of any extra-ministerial department.

Sagay, who said he was yet to be served with the Senate summon, however argued that he felt it was necessary for him to join issues with members of the Senate on the violation of his fundamental right to freedom of expression.

He said, “The powers conferred on the National Assembly under the provision of this section (88) 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 disbursement or administration of funds appropriated by it.

“From the foregoing, you will agree with me that the enormous investigative powers of the National Assembly are circumscribed as they are exercisable subject to other provisions of the Constitution.”

Read also: Missing, Wounded, Killed in Action: Tracking the cost of valour in Nigeria’s war against Boko Haram (1)

He cited the cases of Innocent Adikwu v. Federal House of Representatives ((1982) 3 NCLR 394 at 416),Senate of National Assembly v. Momoh ((1983) 4 NCLR 269 at 29), and Mallam Nasir Ahmed El-Rufai v. The House of Representatives, National Assembly of the Federal Republic of Nigeria & Ors ((2003) 46 WRN 70), which he said show that the Senate’s powers to summon persons are not boundless.

He argued, “Applying the principle of law enunciated in the above cited cases, I am fortified in my submission that the Senate lacks the constitutional power to summon me to justify my condemnation of the illegal actions of its members. Senate cannot be accuser, prosecutor and judge in its own cause.

“However, any aggrieved member of the Senate has the liberty to sue me for defamation in a competent court of jurisdiction.

“Consequently, I urge you to withdraw the resolution summoning me to appear before the Senate. If you fail to accede to my request, I will not hesitate to challenge the legal validity of the summons, once it is served on me.”

 

RipplesNigeria ….without borders, without fears

Click here to download the Ripples Nigeria App for latest updates

 

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now