A constitutional lawyer, Chief Malachy Ugwunmadu, has faulted the recent move by the National Assembly to summon the governors of Niger and Benue States, describing it as unconstitutional and an overreach of legislative powers.
Speaking on the matter, the legal luminary emphasised that the National Assembly’s oversight powers under Section 88 of the 1999 Constitution (as amended) do not extend to state governors.
He stated clearly that while the National Assembly possesses investigative powers over institutions and individuals, these powers are tied strictly to entities and authorities over which it appropriates public funds.
“In other words,” he said, “the power of investigation is to the extent that the legislature makes appropriations available to the body or individual in question. That is the boundary of the National Assembly’s oversight authority,” said the human rights lawyer.
Chief Ugwunmadu noted that this limitation is by design and reflects the principles of Nigeria’s constitutional democracy, which aims to check and balance the use of governmental powers.
According to him, this constitutional arrangement ensures that the National Assembly cannot extend its legislative and investigative reach beyond what is expressly permitted by the Constitution.
“Section 88(2) specifically states that the powers conferred under this section are exercisable only to enable the legislature to expose corruption, inefficiency, or waste in the execution or administration of laws within its legislative competence, or in the disbursement or administration of funds it appropriates,” he said.
The legal practitioner pointed out that this provision clearly confines the legislature’s powers to matters where the federal legislature has direct financial or legal authority.
“The Constitution does not give the National Assembly a blank cheque. Rather, it delimits their powers in such a way that they cannot legally summon governors who are not subject to their appropriation powers,” he said.
He also acknowledged Section 15 of the Constitution, which outlines the fundamental objectives and directive principles of state policy, particularly the state’s commitment to abolish corruption and abuse of office.
However, he insisted that even these lofty goals must be pursued within the limits of the Constitution.
Addressing the issue of possible exceptions, Chief Ugwunmadu referenced the constitutional provision that allows the National Assembly to legislate for states only under specific and extreme circumstances, such as the declaration of a state of emergency, when a state's House of Assembly can no longer function.
“But where a state like Niger or Benue has a fully operational and functional House of Assembly, the National Assembly has no legal authority to interfere or extend summons to the executive governor of that state,” he stressed.
He drew a parallel between the office of the President and that of a state governor, asserting that both derive their legitimacy from the Constitution and are accountable to different arms of government.
While the President is subject to the National Assembly, state governors are accountable to their respective State Houses of Assembly.
“The same way the President of the country is not answerable to any State House of Assembly is the same way a state governor is not answerable to the National Assembly.
“Oversight at the state level is reserved exclusively for the State House of Assembly,” he concluded.
He maintained that the decision of the National Assembly to summon the governors of Niger and Benue States violates both the letter and spirit of the Constitution.
“It is unconstitutional, overreaching, and should not stand,” he stated.
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