Row over Buhari’s summon by Reps
By Andrew Orolua & Tunde Opalana
Deputy Senate President Ovie Omo-Agege and Justice Minister Abubakar Malami have said that President Muhammadu Buhari is not constitutionally bound to honour the invitation of the House of Representatives for the head of the executive arm of government to appear before them today to explain his administration’s efforts to curb the deteriorating security situation in the country.
Speaking at a parliamentary meeting of the Constitution Amendment Committee which he chairs, the deputy Senate President explained that Buhari, being the head of the executive arm of government, cannot be summoned in such a manner done by the House of Representatives last week.
Omo – Agege, said: “I am a constitutionalist.i believe that we are operating a presidential system of government. I believe in the concept of the separation of power. We have three equal arms of government.
The framers of our constitution did not envisage that one arm of government will be summoning the head another co- equal arm of government to come and offer explanation on the floor.
“I think those of you who are familiar with the constitutional process, I don’t think you’ve ever heard that the US parliament had ever invited their president to appear before the house of Representatives or the US Senate unless for the purpose of budget or to address the state of the nation.
“In any event, we also have the concept of executive privilege. The executive arm of government has the power to claim executive privilege at any time any of such invitation is extended.
It is not envisaged by the framers of the constitution that a day will come where the President of the Federal Republic of Nigeria who heads the executive arm would be asked to come and testify in the House of Representatives or the Senate”.
The politician and lawyer categorically added: “I do not also support that. I don’t believe that the President should come. On his part, the minister who is also the Attorney General of Federation, said that the House operated outside constitutional bounds by inviting the President.
The Presidency had on Monday through the Special Adviser on Social Media, Ms. Lauretta Onoche said that Buhari would address a joint session of National Assembly on today in honour of the invitation by House of Representatives.
But, Malami said in a statement on Wednesday that “as the Commander in Chief, the President has exclusivity on security and has confidentiality over security. These powers and rights he does not share.”
“So, by summoning the President on National Security operational Matters, the House of Representative operated outside constitutional bounds.
President’s exclusivity of constitutional confidentiality investiture within the context of the constitution remains sacrosanct,” he said.
He said that the right of the President to engage the National Assembly and appear before it is inherently discretionary in the President and not at the behest of the National Assembly.
“The management and control of the security sector is exclusively vested in the President by Section 218 (1) of the Constitution as the Commander in Chief of the Armed Forces including the power to determine the operational use of the Armed Forces.
“An invitation that seeks to put the operational use of the Armed Forces to a public interrogation is indeed taking the constitutional rights of law making beyond bounds,” he stressed.
Malami further stated that the National Assembly has no Constitutional Power to envisage or contemplate a situation where the President would be summoned by it on operational use of the Armed Forces.
According to him, “President Muhamamdu Buhari of the Federal Republic of Nigeria has recorded tremendous success in containing the hitherto incessant bombing, colossal killings, wanton destruction of lives and property that bedeviled the country before attaining the helm of affairs of the country in 2015.”
Besides, he continued, the confidentiality of strategies employed by the President as the commander in Chief of the Armed Forces of the Federal Republic of Nigeria “is not open for public exposure in view of security implications in probable undermining of the war against terror.”
The fact that President Muhammadu Buhari was instrumental to the reclaiming of over 14 Local Governments previously controlled by the Boko Haram in North East is an open secret, the strategies for such achievement are not open for public expose.
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While condoling with the bereaved and sympathizing with the victims of the associated insecurity in the country, Attorney-General of the Federation, maintained that national security is not about publicity and the nation’s security architecture cannot be exposed for the sake of getting publicity.
He said Buhari has enjoyed Constitutional privileges attached to the Office of the President including exclusivity and confidentiality investiture in security operational matters, which remain sacrosanct.
