A former governorship candidate in Zamfara State, Sani Abdullahi Shinkafi, has told members of the House of Representatives that they lack the constitutional authority to summon a democratically elected governor of a state.
Writing on behalf of the Patriots for the Advancement of Peace and Social Development, PAPSD, the former National Secretary of the All Progressives Grand Alliance, APGA, said he is reacting to the House of Representatives Committee on Public Petition’s statement, dated 2nd May, 2025, signed by Head, Media, Chooks Oko, titled, ‘House summons Benue, Zamfara Governors, their Assembly leaders,”; to appear before them on Thursday, May 8, 2025.
According to the statement, the House committee wants the governors to explain why their functions should not be taken over by the House of Representatives.
The summon is sequel to a petition written by a civil rights organisation, Guardians of Democracy and the Rule of Law, urging the House of Representatives to take over the functions of the two Houses of Assembly.
Shinkafi said that while patriotic zeal of the House to address issues affecting Benue and Zamfara states should be appreciated, their intervention must be in compliance with the nation’s Constitution.
“Certainly, the House of Representatives Committee on Public Petition has no constitutional power to summon democratically elected governors or State Assembly leaders to a public hearing on strictly internal affairs of their states. It is against the spirit and letter of the nation’s grundnorm that guides the actions of all arms of government and citizens,”; the statement said.
“Nigeria is a federation with three tiers of government – Federal, State and Local Government. Their duties, functions and responsibilities are clearly spelt out in the constitution.
“The principle of separation of powers by the executive, legislature and judiciary is equally enshrined in the constitution for effective governance and to prevent undue interference by another arm of government.
“Section 88 of the Constitution empowers each House of the National Assembly to conduct investigations into the affairs of any person, authority, ministry, or government department related to the execution or administration of laws or the disbursement of funds appropriated by the National Assembly.
“The investigations can be initiated to expose corruption, inefficiency, or waste in the execution or administration of laws, and in the disbursement or administration of funds.
“Section 89 empowers the Senate or House of Representatives (or a committee appointed under section 62) to procure any necessary evidence.
“Thus, the National Assembly’s power to summon citizens is tied to its investigative authority under Sections 88 and 89. This power is limited to matters within its legislative competence, such as federal laws, appropriations, or oversight of federal agencies.
“It is not unlimited power to summon everyone. Thus, summoning a governor for clearly state matters exceeds the National Assembly’s authority as Nigeria is a federation, where states have autonomy under Section 4(6) and (7).
“Section 11(4) provides, ‘At any time when any House of Assembly of a State is unable to perform its functions by reason of the situation prevailing in that State, the National Assembly may make such laws for the peace, order and good government of that State with respect to matters on which a House of Assembly may make laws as may appear to the National Assembly to be necessary or expedient until such time as the House of Assembly is able to resume its functions; and any such laws enacted by the National Assembly pursuant to this section shall have effect as if they were laws enacted by the House of Assembly of the State:
“Provided that nothing in this section shall be construed as conferring on the National Assembly power to remove the Governor or the Deputy Governor of the State from office.
“Section 11(5) states, ‘For the purposes of subsection (4) of this section, a House of Assembly shall not be deemed to be unable to perform its functions so long as the House of Assembly can hold a meeting and transact business.’ This justifies the Zamfara Assembly.
“The majority of members (15 of 24) of Zamfara State House of Assembly have been holding meetings and transacting their legislative business in the interest of the state. Though some members were suspended as obtainable in all parliaments when there are breaches in established rules, the Assembly has been functioning effectively.
“There is no breach of the peace in that regard. It was only last week that the nine suspended members decided to hold a parallel sitting, an issue the Assembly will resolve.
“There is nothing whatsoever that warrants the House of Representatives to summon the governor and Assembly leadership for a public hearing, let alone to contemplate taking over the functions of the Zamfara State Assembly.
“There is no civil unrest or disruption of the executive and legislative duties. The purported crisis exists in the fertile imaginations of political enemies of the state eager to dismantle its democratic structures.
“Having dissipated their energies urging President Bola Tinubu to declare a state of emergency in Zamfara to no avail, they now turn to the House of Representatives with a petition hoping to disband the state’s parliament to score a cheap political goal for 2027 elections.
“The constitution does not contemplate this scenario that will impede the nation’s democracy.
“In the discharge of its duties, the House Committee on Public Petition should have visited Zamfara State instead of relying on a misplaced, biased and jaundiced narrative by a so-called Guardian of Democracy and the Rule of Law which failed to publish its purported petition in the media for public scrutiny. It is the work of a fifth columnist to destabilise Zamfara State.
“Nigerians expect the House of Representatives to have invited service chiefs and the Inspector General of Police who have the constitutional mandates to safeguard the nation and ensure public order in tandem with Section 14(2)b which provides that the security and welfare of the people shall be the primary purpose of government.
“The efforts of our gallant soldiers in crushing armed banditry in Zamfara State have been yielding results, the state is relatively safe.
“Nigerians know that Zamfara State is not in a clear and present danger to necessitate the House taking over the functions of the Assembly or declaration of a state of emergency by the president.
“Aggrieved citizens should approach the court to seek redress over the government’s policies, actions and inaction. It is the essence of democracy and rule of law instead of overheating the polity to cause anarchy.
“After 26 years of unbroken representative governance, it is time to water the tree of democracy to maturity to yield its fruits to the masses who desire and deserve improved standards of living.”;
