Prominent human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has criticized the House of Representatives Committee on Public Petitions for summoning the Governors of Benue and Zamfara States, Hyacinth Alia and Dauda Lawal, respectively, asserting that the National Assembly lacks constitutional authority to compel state governors or speakers of state assemblies to appear before it.
DAILY POST reports that the committee had summoned the governors and state assembly leaderships following a petition submitted on March 27, 2025, by Mr. Ihensekhien Samuel, counsel to the civil society group, Guardians of Rule of Law and Democracy. The group alleged that lawmakers were illegally suspended in both states, impairing the legislative functions of their respective houses.
The CSO urged the National Assembly to invoke Section 11(4) of the 1999 Constitution to take over the legislative duties of the affected state assemblies, citing a breakdown in legislative activity.
However, both Governors Alia and Lawal failed to appear before the committee on Thursday, May 8, 2025.
In an interview with Leadership, Falana maintained that the National Assembly overstepped its bounds. He argued that lawmakers are only empowered to summon public officials in cases involving federal appropriated funds or during the legislative process of amending or enacting federal laws.
“There is no provision in the law that empowers the National Assembly to summon a governor,”;; Falana said. “Section 82, which they may rely on, does not cover this situation. That section only permits summons when the legislature is probing appropriated funds or making laws, none of which involves state governors.”;;
He stressed that governors are accountable only to their respective state Houses of Assembly regarding the use of public funds, and that the National Assembly cannot claim jurisdiction over state affairs in such matters.
Falana recalled a previous court ruling in Sterling Bank v. The Senate, where the court restrained the National Assembly from exceeding its constitutional powers by summoning individuals unrelated to federal appropriations or legislation.
“You cannot exercise powers you don’t possess,”;; he added. “This is a federal system. The National Assembly has no constitutional link to a state governor, nor can it arrest or compel their appearance.”;;
