Human rights lawyer Femi Falana (SAN) has faulted the summons on Benue State Governor, Hyacinth Alia and his Zamfara State counterpart, Dauda Lawal, stating that national lawmakers do not have the power to order a governor or speaker of a state to appear before them.
Naija News reports that the House of Representatives Committee on Public Petitions’ summoned the governors and their assembly leadership after a petition was brought before the House on March 27, 2025, by Mr Ihensekhien Samuel, the legal representative of the civil society group, Guardians of Rule of Law and Democracy, alleging illegal suspension of lawmakers in both states.
The CSO wants the National Assembly to invoke its constitutional powers to take over the legislative functions of the affected state assemblies under Section 11 (4) of the 1999 Constitution.
The group accused the two governors of allegedly orchestrating the suspension of some lawmakers in their respective State Assemblies, making it difficult for both legislatures to function.
However, the two governors shunned the Reps committee on Thursday, May 8, 2025.
In an interview with Leadership, Falana stated that no law grants the national lawmaker the power to summon governors, and they cannot hide under Section 82, which only allows them to issue summons when they are amending laws or investigating money they have appropriated.
He stated that the lawmaker can only summon a public official if they are investigating fraud related to money they have appropriated or if they are in the process of making a new law.
He said, “They do not have such powers. There is no law that grants them such powers, and they cannot hide under Section 82, which only allows them to issue summons when they are amending laws or investigating money they have appropriated. So, how does a governor fit into this?
“Their powers are not unlimited. They cannot summon a governor because the governor accounts for appropriated funds in the House of Assembly of his state. They simply cannot do this.
“We have taken this matter to court and obtained an order against them in the case of Sterling Bank versus the Senate.
“You can only summon a public official if you are investigating fraud related to money they have appropriated or if you are in the process of making a new law. Therefore, there is no general authority to summon anyone.
“For example, while the National Assembly can order the arrest of government officials who ignore their summons, can they arrest a governor? You cannot exercise powers you do not possess.
“They seem not to understand that we operate under a federal system. There is no direct link between the National Assembly and a state governor; the governor is not bound by laws made by the National Assembly.”
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