THE LEGAL REGIME OF NATIONAL ASSEMBLY PROBES AND SUSPENSION IN NIGERIA

Abstract

The Nigerian Fourth Republic started in 1999, and the country began another journey into democratic experiment. The 1999 Constitution  gives power to the National Assembly to set up probe panels to conduct investigations, examine witnesses, hear evidences on oath and take decisions or make recommendations. These activities in effect affect the citizens’ rights and obligations in one way or the other. This process is known as legislative adjudication. Section 88(1) of the 1999 Constitution empowers  the National Assembly by resolution published in its Journal or in the official Gazette of Government of the Federation to direct or cause to be directed an 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 or responsibility for: (i) executing or administering laws enacted by the National Assembly, and (ii) disbursing or administering moneys appropriated or to be appropriated by the National Assembly. Section 89(c) of the 1999 Constitution further provides that the National Assembly 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, 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. The National Assembly has invoked these provisions on their members, private corporations, public servants, business organizations and its citizens. They are in one way or the other summoned to appear before either the National or State Assemblies for the purposes of any investigation under Section 88 of the Constitution.  Moreover, Section 60 of the Constitution has also empowered the National Assembly to regulate its own procedure, including the procedure for summoning. The National Assembly vested with these powers may by resolution delegate any functions exercisable by it to any such committee appointed by the House. These Committees have been sanctioning its erring members through various terms of suspension or other sanctions. This paper seeks explore the validity or otherwise as to whether, the National Assembly in invoking these provisions have complied with the procedural regularities of natural justice. Secondly, the extent of its powers to summon “any person” under the provisions of the Constitution. It is our finding that, excessive uses of the powers to summon any person have been abused by the legislatures, and has taken a toll on the economy negatively. The paper concludes that, due to the prevailing rate of indiscipline and corruption in the country, sanctions of erring members of the House should be encouraged, but that the Committee should act fairly.