Standoff Between House of Representatives and State Leaders: A Constitutional Dilemma
Omitted Appearance: Governors of Benue and Zamfara Refuse to Appear Before the House of Representatives' Committee Summons
The House of Representatives Public Petitions Committee found itself in a heated situation when it issued summons to the governors of Benue and Zamfara states, and their respective state assembly leaders, on May 8, 2025. The summons were issued following a petition by the civil society organization, Guardians of Rule of Law and Democracy, represented by Enhenseken Samoe.
The petition alleged the unlawful suspension of lawmakers in both states, with the organization calling for the National Assembly to exercise its constitutional authority to assume control over the legislative duties of the affected state assemblies as outlined in Section 11 of the 1999 Constitution.
In Benue, thirteen lawmakers were suspended for three months, while in Zamfara, four members of the All Progressives Congress (APC) and six from the Peoples Democratic Party (PDP) were suspended in February 2024 for conducting an illegal plenary session. Since then, two lawmakers, Bilyaminu Moriki and Bashar Gummi (representing Gummi I Constituency), have each claimed the position of Speaker, further complicating the situation in Zamfara.
Despite the summons, both governors, Hyacinth Alia and Dauda Lawal, disregarded them, citing lack of constitutional backing for the invitations. One of the suspended Zamfara State House of Assembly members, expressing frustration, decried the governors' stance, asserting that the House's intentions were dismissed in writing.
At the committee's hearing, Samoe asserted, "Our petition is founded on established precedents," citing rulings by the Court of Appeal and the Federal High Court. He emphasized that no House of Assembly has the jurisdiction to suspend a sitting member for more than 14 days, anything beyond that being unconstitutional.
However, a procedural snag arose when Deputy Chairman of the Public Petitions Committee, Matthew Nwogu, raised concerns that the petition might not have been properly laid before the House plenary, a required step before the committee can assume jurisdiction.
The committee resolved to investigate its procedural standing before making further progress and gave another date, the 14th of May 2025, for all parties to appear again. The new chairman of the committee, Hon. Kwamoti Bitrus Laori, pleaded for all sides to maintain decorum, reminding them to follow due process.
Additional Insights:
- The House of Representatives may not have the constitutional authority to assume control over state assemblies in cases of unlawful suspension of lawmakers, as this would violate principles of federalism and separation of powers embedded in the Nigerian Constitution.
- The Conference of Speakers of State Legislatures has rejected summons from the House of Representatives Committee on Public Petitions, citing constitutional overreach and emphasizing the independence of state legislatures.
- The Patriots for the Advancement of Peace and Social Development (PAPSD) have also criticized the House's actions as unconstitutional, arguing that such interference undermines Nigeria's federal structure.
- The Public Petitions Committee of the House of Representatives is faced with a constitutional quandary, having issued summons to the governors of Benue and Zamfara states, as well as their respective state assembly leaders, on May 8, 2025, following a petition by the Guardians of Rule of Law and Democracy.
- The petition put forth the unlawful suspension of lawmakers in both states and urged the National Assembly to exercise its constitutional authority to oversee the legislative duties of the affected state assemblies, as stated in Section 11 of the 1999 Constitution.
- The standoff intensifies as both governors, Hyacinth Alia and Dauda Lawal, have disregarded the summons, stating that there is no constitutional basis for the invitations.
- Purportedly, one of the suspended Zamfara State House of Assembly members has expressed frustration with the governors' stance, asserting that the House's intentions have been dismissed in writing.
- At the committee's hearing, Enhenseken Samoe, representing the petitioners, emphasized that no House of Assembly has the jurisdiction to suspend a sitting member for more than 14 days, stressing that anything beyond this is unconstitutional.
- A procedural issue arose when the Deputy Chairman of the Public Petitions Committee, Matthew Nwogu, questioned whether the petition might not have been properly laid before the House plenary, a necessary step before the committee can take jurisdiction over the matter. The committee has since resolved to investigate its procedural standing before making further progress.
