A federal high court in Abuja
says the national assembly lacks powers to investigate criminal allegations,
indict or absolve anyone of crime.
In a ruling on Tuesday, Gabriel
Kolawole, a judge, declared as null and void the practice of the national
assembly to investigate criminal allegations involving individuals.
Kolawaole said law enforcement
agents or the executive have the powers to handle such issues.
The case with suit number
FHC/ABJ/CS/163/2009 was filed by Festus Keyamo, a senior advocate of Nigeria
(SAN), against the house or representatives.
Keyamo’s legal action was
propelled by the silence of the house of representatives over a news story in a
national newspaper in 2008 which indicted the leadership of the house in a
shady car deal of 380 units of Peugeot automobile.
Dimeji Bankole, former speaker of
the house, reportedly responded to Keyamo’s letter demanding for an open
response to the allegations, and referred the matter to the house committee on
ethics and privileges.
In its recommendation, the
committee faulted Keyamo’s letter , saying the allegations were baseless, while
the speaker was absolved of any wrongdoing.
The committee reportedly called
on the inspector-general of police and other relevant security agencies to
investigate how the annexures/documents attached to Keyamo’s letter were
obtained.
Keyamo had approached the court
that the resolution of the house of representatives exceeded its powers as
prescribed by the 1999 constitution and other relevant laws.
The judgement read, “That by
virtue of Section 88 of the 1999 constitution of the Federal Republic of
Nigeria, as amended, or any other extant legislation, the national assembly is
not constitutionally or legally empowered to investigate criminal allegations
and absolve or indict any individual of those allegations.
“That the house of
representative’s resolution dated 3rd of March, 2009 to the effect that certain
annexures attached toKeyamo’s letter dated October 19, 2008 and addressed to
Hon. Dimeji Bankole (who was then the Honourable Speaker, House of
Representatives, Federal Republic of Nigeria), are faulty and baseless, to the
extent that it absolves certain of its principal officers and management from
criminal allegations made against them, and accuses Keyamo of unwholesome
conduct, is null, void and of no effect.
“That by virtue of Section 88 of
the 1999 constitution of Nigeria as amended and any other extant law, the
national assembly is not constitutionally or legally empowered to make
recommendations or pass any resolution concerning the conduct of any person,
including Keyamo.
“The resolution of the house of
representatives dated 3rd of March, 2009 especially as it concerns the conduct
of Keyamo is null and void.
“The Nigerian police and the
Department of State Services are restrained from compulsorily giving effect to
the resolution of the house of representatives dated 3rd of March, 2009 as it
concerns Keyamo.”
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