Femi Falana : Senate cannot dwell on criminal probe

Nigeria’s leading human rights and constitutional lawyer, Mr. Femi Falana said on Tuesday that the Senate or any of its committees lacks the constitutional power to investigate a criminal matter.

The power to do so resides with the police, he said.

Mr Falana, a senior advocate of Nigeria, was reacting to the invitation to Mr. Danladi Umar, Chairman of the Code of Conduct Tribunal by the Senate Committee on Ethics and Public Petitions over a petition it received alleging corruption against the man.

Here is Falana’s full statement, entitled: The illegal summons on Code of Conduct Tribunal Chairman:

“We have confirmed that the leadership of the Senate has resolved to frustrate the ongoing trial of the Senate President, Dr. Bukola Saraki before the Code of Conduct Trubunal holden at Abuja. Yesterday, the Tribunal ruled that the case would be conducted day by day until it is concluded pursuant to the provisions of the Administration of Criminal Justice Act, 2015. In a swift but contemptuous reaction to the ruling the Ethics Committee of the Senate has purportedly summoned the Tribunal Chairman to appear before it on Thursday, April 21, 2016. The Judge is required to testify before the Senate Committee in respect of a petition alleging corrupt practices against him.

“It is pertinent to point out that the Ethics Committee of the Senate lacks the power to summon the Tribunal Chairman to testify in respect of a criminal investigation. More so that the allegation being examined by the Ethics Committee of the Senate is the subject matter of a pending criminal case at the High Court of the Federal Capital Territory sitting in Abuja. Following the allegation that the Personal Assistant of the Tribunal Chairman allegedly received a bribe from a suspect on behalf of his master the matter was investigated by the Economic and Financial Crimes Commission. At the end of the investigation the Tribunal Chairman was exonerated while his Personal Assistant was indicted. Consequently, the suspect has since been charged to court. Since the case has not been concluded or terminated it is the height of contempt on the part of the Senate or any of its Committee to decide to conduct another trial on the same subject matter.

“However, by virtue of Sections 88 (1) & (2) of the 1999 Constitution the National Assembly is empowered to conduct an inquiry for the purpose of enabling it to- “(a) make laws with respect to any matter within its legislative competence and correct any defects in existing laws; and (b) expose corruption, inefficiency or waste in the execution or administration of laws within its legislative competence and in disbursement or administration of funds appropriated by it.”

“It is pertinent to note that the enormous investigative powers of the National Assembly are circumscribed as they are exercisable subject to other provisions of the Constitution. In Senate of National Assembly v. Momoh (1983) 4 NCLR 269 at 295 the Federal Court of Appeal dwelt in extenso on the provision of Section 82 of the 1979 Constitution when it held:-

“It appears to me that section 82 is not designed to enable the legislature usurp the general investigative functions of the executive nor the adjudicative functions of the judiciary. … They can only invite members of the public when they want to gather facts for the purpose of enabling them make law or amend existing laws in respect of any matter within their legislative competence or as witnesses in a properly constituted inquiry under section 82(1)(b). ”