The ongoing war of attrition between the Presidency and the Senate got messier yesterday as the Attorney General of the Federation (AGF) and Minister of Justice Mr. Abubakar Malami said the Senate lacked the power to summon him for questioning.
The AGF, who was invited by the Senate to appear before its Committee on Judiciary, Human Rights and Legal Matters, said he was not answerable to the Senate.
He said the Senate did not appoint him and, therefore, lacked the jurisdiction to summon him.
The Senate fired back that it may be forced to issue a warrant of arrest against the AGF for his refusal to honour its invitation.
Before Obono-Obla was asked to leave the room, he told the committee members that they lacked the jurisdiction to summon the AGF because the Senate cannot be a judge in its case.
He also insisted that the AGF, who was not appointed by the Senate, cannot be answerable to the Senate.
He noted that the Senate constituted itself into a court of law by summoning the AGF on an issue that was in court.
He told reporters outside the meeting venue: “The AG has not done anything wrong. The AG has not undermined democracy. He acted pursuant to his powers vested on him by the Constitution, Section 174 (1) says he can prosecute anybody. And he has done that. The Senate is not on trial. He has not taken the Senate to court. He has taken four persons to court. They are not the Senate. Being President of the Senate does not make you the Senate of the Federal Republic of Nigeria. The matter was investigated by the police and a prima facie case was established and the AG invoked his powers under Section 174 (1) to initiate criminal proceedings against those persons. And this matter is now before a court of law. There is separation of powers in Nigeria. It is not the position of senators to constitute themselves into a court of law.
“He’s (AGF) not answerable to them. By virtue of the principle of Separation of Powers, he is answerable to the President who appointed him. And he has not done anything wrong.
“You cannot be a judge in your own case. We don’t have confidence in the committee.”
Obono-Obla said he was qualified to represent the AGF because he is working in his office as an SA to the President.
Source: Punch
The AGF, who was invited by the Senate to appear before its Committee on Judiciary, Human Rights and Legal Matters, said he was not answerable to the Senate.
He said the Senate did not appoint him and, therefore, lacked the jurisdiction to summon him.
The Senate fired back that it may be forced to issue a warrant of arrest against the AGF for his refusal to honour its invitation.
Before Obono-Obla was asked to leave the room, he told the committee members that they lacked the jurisdiction to summon the AGF because the Senate cannot be a judge in its case.
He also insisted that the AGF, who was not appointed by the Senate, cannot be answerable to the Senate.
He noted that the Senate constituted itself into a court of law by summoning the AGF on an issue that was in court.
He told reporters outside the meeting venue: “The AG has not done anything wrong. The AG has not undermined democracy. He acted pursuant to his powers vested on him by the Constitution, Section 174 (1) says he can prosecute anybody. And he has done that. The Senate is not on trial. He has not taken the Senate to court. He has taken four persons to court. They are not the Senate. Being President of the Senate does not make you the Senate of the Federal Republic of Nigeria. The matter was investigated by the police and a prima facie case was established and the AG invoked his powers under Section 174 (1) to initiate criminal proceedings against those persons. And this matter is now before a court of law. There is separation of powers in Nigeria. It is not the position of senators to constitute themselves into a court of law.
“He’s (AGF) not answerable to them. By virtue of the principle of Separation of Powers, he is answerable to the President who appointed him. And he has not done anything wrong.
“You cannot be a judge in your own case. We don’t have confidence in the committee.”
Obono-Obla said he was qualified to represent the AGF because he is working in his office as an SA to the President.
Source: Punch