The Invitation Of Okoi, Obono Obla, Special Assistant To President Buhari On Prosecution, Over Allegation Of Forgery Of W.A.E.C Result And Letter-Head Papers: A Violation Of The Doctrine Of Separation Of Powers And An Abuse Of Legislative Oversight Functions By The House Of Representatives. Please permit me to firstly underscore the foundation of our discourse before taking us into the gravamen of burning legal issues at stake. According to Prof. Oyelowo Oyemo, the establishment of representative Legislatures at the Federal and State levels of government by the Constitution of the Federal Republic of Nigeria, 1999, after a period of military rule devoid of any representative or accountable governance, essentially epitomized a fresh attempt at constitutionalism in Nigeria. Indeed, upon the enthronement of democratic rule in Nigeria and its gradual advancement, democratic values such as separation of powers in the function of the various arms of government became the focal gravamen and compass for measurement of actions and inactions. Writing on the importance of the doctrine of separation of powers, James Madison, the celebrated American Federalist, posited thus: “…there can be no liberty where the legislative and executive powers are united in the same person or body of Magistrates or if the power of judging be not separated from the legislative and executive powers”. Similarly, in the words of William Blacstone, ‘In all tyrannical government, the Supreme Magistracy, or the right of both of making and of enforcing the laws is vested in one and the same man or one and the same body of men; and wherever these two powers are united together, there can be no public liberty’. As was observed by the constitution drafting committee of the 1979 Constitution (which bears similar importance to the current 1999 constitution) however, strict compartmentalized separation is not possible under modern systems of government. According to them: “Modern government should be co-operative co-ordinated effort, and not a tug of war between the principal organs of government…separation of powers of executive and legislative functions is necessary and desirable if limited government and individual liberty are to be secured, but certainly not a rigid separation”. It is against the background of the immediately preceding paragraph, that we have the oversight functions of the Legislature in Nigeria; which finds legislative importance in chapter 5, part 1, that is sections 80(1)-(2)b and 89 of the 1999 Constitution of the Federal Republic of Nigeria(as amended). Section 88(1) is reproduced here: “subject to the provisions of this constitution, each house of the National Assembly shall have power to direct or cause to be directed, an investigation: “Any matter or thing with respect to which it has power to make laws; and the conduct of affairs of any person, authority, ministry or government department charged or intended to be charged, with the duty of responsibility for (1) executing or administering laws enacted by the National Assembly and (2), disbursing or administering moneys appropriated or to be appropriated by the National Assembly.” This power, no doubt, is derived from the practice in the United State where we borrowed our constitutional practice. No doubt, the power is not without limitation as was rightly captured by Chief Justice Warren thus; “The power of Congress to conduct investigation is inherent in legislative process. The power is broad; it encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys or defects in our social, economic or political system for the purpose of enabling congress to remedy them. It comprehends probes into department of the Federal Government to expose corruption, inefficiency and waste. but broad as this power of inquiry, it is not unlimited. There is no general authority to expose the private affairs of individuals without justification in terms of the functions of the congress…nor is the Congress a law enforcement or trial agency. There are functions of the executive and judicial departments of government. No enquiry is an end in itself; it must be related to, and in furtherance of the legislative task of the Congress. Investigation conducted solely for the personal aggrandizement of the investigators or to punish those investigated is indefensible…” Now, to the facts of our discourse, it is on record that the special assistant to President on anti-corruption and chairman, special presidential investigative panel on the recovery of public property, Okoi, Obono Obla, has been summoned by the House of Representatives ad hoc committee over allegations of forgery of his O’level certificate and letter-head papers of the presidential panel which he chairs. The fact of this invitation was made available to newsmen, on the 27th day of May, 2018. From the above stated facts, the pertinent legal question is: whether the House of Representatives can validly summon Obono Obla? It is our submission that the House of Representatives is not vested or imbued with such power.In the case of TONY MOMOH V. SENATE OF THE NATIONAL ASSEMBY (1982) N.C.L.R, 105, the Court of Appeal, clearly held that section 82 of the then 1979 constitution (akin to section 88 of the 1999 constitution) is not designed to enable the Legislature usurp the general investigating functions of the executive nor the adjudicatory functions of the judiciary. Any invitation by the Legislature to any person outside the purpose defined by section 82(2) (now section 88(2) of the 1999 constitution) is invalid. Stating the law further, the Court posited that the investigation and prosecution of persons accused of crime and other corrupt practices, gross inadequacy ormisconduct in the discharge of public office is left by the constitution, to the executive. Indeed, granted that the National Assembly (which the House of Representatives is an integral part of) has the powers make laws on anti-corruption and forgery and therefore, has a general power to inquire into administrative actions of government bodies, agencies or parastatals to investigate the propriety of actions take in order to expose corruption, inefficiency or waste in the execution of the functions of those government agencies, bodies or parastatals. We concede that this bodies, agencies or parastals of government are manned by public officials, thereby, making it imperative for the said officials to be invited or summoned to appear and give evidence on the legal propriety or otherwise of their actions in executing their functions or administering the law made by the National Assembly, yet, there is nothing in sections 88 and 89 of the 1999 Constitution (as amended), which states or is suggestive of giving or donating to the National Assembly either the executive powers of investigation and prosecution of criminal allegations or the judicial powers adjudication of guilt or otherwise of any person alleged to have committed any criminal offence. For the avoidance of any scintilla of doubt, we shall reproduce the introductory sentences of sections 88 and 89 of the above cited constitution to buttress our submission. That of section 88 provides: “Subject to the PROVISIONS OF THIS CONSTITUTION…” (emphasis, mine). And that of section 89 provides: “for the purposes of any investigation under section 88 of this Constitution and SUBJECT TO THE PROVISIONS THERREOF…” (emphasis, mine). The logical summary of the above, would firstly, reveal that, section 88 is made subject to other provisions of the constitution; which has, by section 6 thereof, sacredly vested in the Judiciary, the exclusive domain of adjudication of the guilt or otherwise, of persons alleged to have committed any criminal offence; whether the offence be created by an Act of the National Assembly or a Law of a state Assembly. And by section 5 thereof, vested in the Executive, the powers to investigate and if needs be, prosecute any person alleged to have committed any criminal offence. Secondly, it would equally reveal that, section 89 is made subject to section 88 which is ultimately made subject to sections 5 and 6 of the Constitution, cited above. On the whole, we submit that the invitation or summon of Obono Obla by the House of Representatives ad hoc committee on the above stated allegations, is to the extent of its inconsistency with sections 5, 6, 88 and 89 of the constitution, unconstitutional, illegal, null and void and amounts to a violent rape of the constitutional doctrine of separation of powers. GIFT AGBAGBUO, is a constitutional lawyer, based in Port Harcourt. Mobile Number: 08038903103, Email Address: giftagbagbuo@gmail.com]]>
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