Does the Nigerian Federal Legislature Have Constitutional Powers to Summon the President of the Republic Over Matters of National Importance?

Abstract

Following worsening insecurity in Nigeria, the lower arm of Nigeria`s Parliament, the House of Representatives, had on December 01, 2020, issued a summons to the President of the Republic, to appear before the House on December 10, 2020, to address it on the true state of the (in)security in the country. The summons and Mr. President`s refusal to honour it, had sparked off a national debate/controversy, especially bothering on the propriety and constitutionality of such summons against the President and the extent of obligation (if any) of Mr. President to answer to it. This forms the main focus of the present paper which begins with a prognostic determination of extent of constitutional powers (if any) of the Nigerian Federal Legislature or any arm of it, to issue a summons on Mr. President, the extent of Mr. President`s duty or right to honour or dishonour such invitation, and possible implications of compliance or non-compliance thereof. The paper examines relevant case law and provisions of the Nigerian Constitution, and then proceeds to consider options open to the President in the circumstances, especially in view of the constitutional provisions relating to Presidential immunity. Then, drawing an analogy from extant law and practice in jurisdictions, such as the USA, with a somewhat similar constitutional or legal framework, the authors in their conclusion proffer recommendations believed to accord with the demands of rule of law and constitutionalism, and geared especially towards advancement of constitutional democratic ideals, governance transparency and accountability. The authors believe that legal scholars and researchers owe it as a duty to society, to constantly offer legal opinions to serve as additional guides to leaders, institutions, policy makers and their advisors in the discharge of their responsibilities and towards promotion and sustenance of responsible and responsive governance.

Keywords: National Assembly; Impeachment; Constitution; Nigeria; President; Bicameral; Summons; Senate; House of Representatives; Immunity