The AGF Erred In Law, National Assembly Has The Unfettered Power To Summon The President

I have read a report by the AGF that the National Assembly has no right to summon the President over security issues. I have also read some legal opinions giving support to this position.

I want to state that within the precinct of the Nigerian Constitution, it is a joke to assume that the National Assembly cannot summon the President.

Not only can the National Assembly summon the President, an ordinary committee of either the Senate or House of Representatives is empowered by law to summon the President.

By virtue of Section 89 of the 1999 Constitution, the National Assembly can summon ANY person in Nigeria to give evidence before it over any matter that the National Assembly can enact legislation.

The President is the Commander-in-Chief of the Armed Forces. In addition, by virtue of S 4 of the Armed Forces Act, the President is the Chairman of Armed Forces Council

The point to make is that the National Assembly has the power to enact laws in respect of the armed forces. By that token, the President who chiefly administers security issues in Nigeria can be summoned by the National Assembly and even committees of the National Assembly

However, what we must concede is that National Assembly cannot issue a warrant to compel the attendance of the President in the manner in which it could compel the presence of any other person.

This is because Section 308 of the Constitution has endowed the President with executive immunity, therefore, Section 89 (1) (d) of the Constitution cannot apply to the President.

The point remains that the President can be summoned by the National Assembly, however, a warrant of arrest cannot be issued against the President if he fails to show up.

Failure of the President to show up can occasion the National Assembly to begin impeachment proceedings against him in accordance with Section 143 of the Constitution.