“It is submitted, with respect, that section 82 of the 1979 Constitution is in pari materia with section 88 of the 1999 Constitution. In Mallam Nasir Ahmed El-Rufai v. The House of Representatives, National Assembly of the Federal Republic of Nigeria & Ors. (2003) 46 WRN 70 the Court of Appeal subjected section 88 of the 1999 Constitution to a critical judicial interpretation. Oguntade JCA (as he then was) who read the leading judgment of the Court said:

“The crucial question that follows is this: when the 1st Defendant sent the letter of 20/3/2002 to the Plaintiff to appear before its Ethics and Privileges Committee, was it engaged in the making of a law within its legislative competence or to expose corruption and inefficiency in a public department? Clearly, the answer is in the negative. It is apparent that the 1st Plaintiff and was intent on taking further steps following its antecedent determination. That this was the intention of the 1st Defendant which is made clear by the opening paragraph of the letter which stated that the Plaintiff had published defamatory matters concerning it.”

“With respect to the matter on hand it is submitted that Senate lacks the power to investigate allegations of corrupt practices and other criminal offences. In Akomolafe v. The Speaker of Ondo State House of Assembly (1984) 5 NCLR 355 at 367 Ogundare Ag CJ (as he then was) of blessed memory held:-

“Neither the Speaker nor the House is empowered by the Constitution and statute law to deal with the issue assigned to the panel. The investigation of crimes is for the police and the trial of criminal offences is for the courts. The Speaker on receipt of Mr. Aladeselu’s letter ought to have referred it to the police for necessary action.”
Conclusion

“In the light of the foregoing the Ethics Committee of the Senate is advised to withdraw its illegal summons which has been issued and served on the Code of Conduct Tribunal Chairman.

“Instead of exposing the Nigerian people to further undeserved embarrassment over the Saraki case the Senate is enjoined to enhance the fight against corruption by passing the Whistle Blowers Bill, the Proceeds of Crime Bill and the Witness Protection Bill which were passed by the 7th National Assembly but were not signed into law by fromer President Goodluck Jonathan. For the Nigerian people to take the war against corruption seriously the members of the legislative and executive arms of Government ought to be prepared to demonstrate leadership by example. In a country where the majority of the states are owing arrears of salaries the legislators should be prepared to make sacrifice by reducing their fat salaries and jumbo allowances.”