to unseal the Kogi House of Assembly
complex
– The AGF said a mere legislative
misunderstanding between the legislators
should not be taken to be a major crisis
There is leadership crisis in Kogi state house
of assembly
The Attorney General of the Federation,
Abubakar Malami, has called on the
Inspector General of Police, Mr Solomon
Arase, to unseal the Kogi State House of
Assembly Complex, which has been under
siege over the directive of the National
Assembly.
Malami, in a legal opinion letter addressed to
Mr. Arase, said a mere legislative
misunderstanding between the legislators
should not be taken to be a major crisis
envisaged by the constitution, which can
lead to the action be taken by the National
Assembly.
He said all legal avenues must be exhausted
in an issue involving impeachments, adding
that the National Assembly is to act as an
advisory in the matter since the issue does
not directly affect the security of the state
that may amount to the declaration of a
State of Emergency.
The minister said the legal opinion is
proffered pursuant to the request contained
in IG’s letter No.3383/IGP.SEC/ABJ/
VOL.40/779 dated 18th March, 2016 in
respect of the subject matter.
He further stated that after careful reading
of the factual situation envisaged under
Section 11(4), which can give rise to a
“Take-over” decision by the National
Assembly in respect of the affairs of a State
House of Assembly reveals that it must be
by “reason of the situation prevailing in the
State”.
This therefore, means that the conditions
must go beyond the “situation prevailing
within the House of Assembly” itself.
“The Constitution, in my opinion, presumes
that the general security situation in the State
should have deteriorated to the extent that the
House of Assembly finds it difficult or
impossible to operate or exercise its normal
legislative activities. Section 11(4) is therefore,
not meant to address mere issues of
disagreement between legislators within the
State House of Assembly, since it is
recognized that such disagreements or
disputes are normal incidences within the
democratic governance space. The 1999
Constitution therefore never presumed that
every disagreement within a State Legislature
would be visited with the sanction of National
Assembly legislative oversight.
“It is instructive to note that Section 11(4) is
part of the general Section 11 of the
Constitution which is titled ‘Public Order and
Public Security.’ It must therefore be read
within such a context and not merely in
relation to the situation within the House of
Assembly.”
He added that: “ In view of the foregoing, the
next question would be: Was there a security
situation in Kogi State at the time in question
which made it impossible for the State House
of Assembly to exercise its legislative
functions? From information available to me, it
would appear that the answer to the question
is “No” as there was no such alarm raised by
the relevant security agencies or by the
Federal Government itself.
The statement further stated that: “ Without
prejudice to the above issues, it is further
necessary to interrogate the legal status of a
Resolution of a House of the National
Assembly. It is a notorious fact that
Parliamentary Resolutions are merely
persuasive and not binding in law adding that
its lack legal efficacy and cannot become the
basis to compel Executive action such as the
present directive to the Nigeria Police Force to
seal off the House of Assembly.
A close reading of Section 11(4) further
suggests that if the National Assembly is
expected to ‘make laws’ for the peace, order
and good government of a State in crisis, it
cannot make such laws on the basis of a
Resolution.
It s to me according to the Attorney General
that the determination by the National
Assembly that the alleged impeachment of the
Speaker of the House of Assembly by ‘5
members of the House of Assembly’ was ‘null
and void was like usurping the function of the
judiciary.
In view of the foregoing, I am of the
considered opinion that sufficient legal basis
has not been established for the consequent
directive to the Inspector-General of Police by
the House of Representatives to “Seal the Kogi
State House of Assembly Complex until the
matter is resolved”.
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