Questioning Motives Behind Reps’ Summon on Benue, Zamfara Govs, Assemblies

By Joe Aku

Many Nigerians were taken aback when news broke some few days ago that the House of Representatives Committee on Public Petitions has summoned Governor Hyacinth Alia of Benue and his Zamfara state counterpart, Dauda Lawal, along with the leadership of their Houses of Assembly to appear before it on Thursday, May 8.

According to the federal lawmakers, the invitation of the aforementioned governors and their respective Assembly members was to explain why their functions should not be taken over by the House of Representatives.

This is sequel to a petition written by a civil rights organisation, Guardians of Democracy and Rule of Law urging the House to take over the functions of the two Houses of Assembly.

The summons, signed by Mike Etaba, the former Committee Chairman, noted that the invited parties were already aware of the facts of the case. ” Ours is to ensure that the rule of law is upheld at all times. The parties have a wonderful opportunity to state their cases clearly so that Nigerians can know what is going on. Anarchy would never be given any space in our polity ” Etaba stated.

The Committee said the summons are in line with sections 88 and 89 (c) of the 1999 Constitution as ammended.

The petitioners had raised concerns over what it termed alarming developments in Benue and Zamfara States, characterised by rampant impunity, anarchy, and lawlessness, as well as blatant attempts to usurp the powers of a coordinate arm of government, developments that demand prompt and decisive intervention.

They prayed the House, after its investigation, to invoke Section 11(4) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) to urgently take over the functions of the Benue State House of Assembly and the Zamfara State House of Assembly with a view to restoring constitutional order, upholding the rule of law, and ensuring the protection of fundamental human rights in the affected States.

The summon also held that if the invited parties do not honour the invitation as scheduled on May 8, the case may be heard or determined in their absence.

Challenges in the two states and Governors’ reactions

In Benue, the controversy revolves around the suspension of 13 lawmakers allegedly opposed to Governor Alia.

The suspended members had criticised the governor’s decision to suspend the state’s Chief Judge, Justice Maurice Ikpambese, a move that sparked a political uproar and accusations of executive overreach.

Zamfara, on the other hand, is grappling with a legislative standoff.

A faction of nine lawmakers, previously suspended, continues to claim legitimacy and has gone ahead to call on Governor Lawal to present the 2025 budget to them. This development created a parallel legislative structure in the state.

Both states are also contending with deep-rooted security crises. Zamfara remains under siege by heavily armed bandits, who engage in mass abductions, cattle rustling, and extortion, particularly in rural communities.

However, the governors have raised concerns over the legality of the invitation, insisting that the identified challenges especially those that border on security were receiving urgent attention and if anything, they are only accountable to their state Assemblies.

In particular, Gov Alia raised the alarm over what he described as a coordinated campaign to destabilise his administration and force the Federal Government to declare a state of emergency in the state.

Speaking through his Chief Press Secretary, Kula Tersoo, at a press conference in Makurdi, Alia alleged that orchestrated protests and misinformation were being deployed by political opponents to trigger presidential intervention and oust him from office.

“These individuals, driven by a desperate desire to paint Benue State in the worst possible light, appear to believe that by doing so, they can somehow force the hand of President Bola Tinubu to declare a state of emergency in our state,” the statement read.

Alia decried demonstrations in Abuja, which he said were not “organic expressions of public sentiment, but rather, calculated attempts by disgruntled elements to settle personal scores and advance a malicious agenda.”

He said the ultimate goal was to create an environment of chaos and instability, such that they would exploit the situation for selfish gain.

Alia called on the Nigerian Bar Association (NBA) to take decisive action and investigate the protesters, who he said masqueraded as lawyers.

The governor insisted that despite the rising insecurity in the country, with Benue being no exception, the state remained safe and secure.

“We want to assure the public that Benue State is safe and secure. All the arms of government are functioning smoothly, and the legislative business is proceeding seamlessly.

“While the issue of insecurity is a national concern, Governor Alia is taking proactive steps to curtail the activities of armed herders and protect our communities.

“His administration is committed to ensuring the safety and well-being of all residents of Benue State,” the statement added.

On his path, Speaker of the Benue State House of Assembly, Hyacinth Dajoh, said he was yet to receive the formal invitation.

The speaker said, “It’s all a social media issue. I am yet to receive the invitation letter, maybe the letter may reach my office tomorrow, Monday.

“But as I am talking to you now, it’s a mere media issue and I cannot respond to it,” the Speaker said.

Also reacting, the Senior Special Assistant to Governor Dauda Lawal on Media and Communications, Mustafa Kaura, said the National Assembly had no constitutional right to invite a serving governor to appear before it.

He said, “The National Assembly, whether Senate or the House of Representatives, cannot invite the governor on issues relating to his state.

“Only the state assembly has the power to invite a governor to appear before it.”

Kaura also wondered how the lawmakers who were currently on recess could hurriedly return to the National Assembly and invite the governor to appear before them.

“The honourable members are currently on recess, and I wonder if they have terminated their holidays and returned to Abuja just to see the two governors of Zamfara and Benue.

“Governor Lawal did not even receive the invitation letter and will not go to Abuja to waste his time,” he said.

Lawyers, NGOs weigh in

A constitutional lawyer, Ben Alepo weighing on the issue said while the two states have their peculiar challenges like the remaining 34 states and FCT, however, the states are allowed to sort their challenges within the confines of the law.

According to him, some people are becoming emboldened to draw Federal Government’s attention to domestic issues in states after President Bola Tinubu’s suspension of duly elected government and assembly members in Rivers.

“This idea of people quickly mounting pressure on the Federal Government to intervene in domestic state matters is becoming a new normal and it should be a source of worry to any right thinking and patriotic Nigerian. How did we get here so fast?

“Since President Tinubu’s suspension of Governor Fubara, his deputy and the Rivers State legislative arm and subsequent declaration of a state of emergency and appointment of a sole administrator, some political jobbers have been milking that as excuse to cause havocs in states and in turn petition the federal government to declare state of emergency,” he said.

He opined further that Nigeria risks losing her good will if sub-nationals are not allowed to independently govern without fear of suspension and/or declaration of a state or emergency.

“We risk losing the last drop of our goodwill in the comity of nations if we don’t abort this dangerous trend of threatening sub-nationals with suspension of duly elected officials or declaration of a state of emergency. That of Rivers nearly ruined us and I hope President Tinubu won’t allow illegalities that he vehemently condemned and fought against as opposition to stand, now that he is in power”

In similar vein, the Executive Director of Patriots for the Advancement of Peace and Social Development (PAPSD), Sani Shinkafi strongly objected to the invitation saying the National Assembly lacks the constitutional power to summon democratically elected governors or intervene in strictly state matters.

He emphasised that Nigeria operates under a federal system with three distinct tiers of government, whose functions and responsibilities are clearly outlined in the Constitution.

He said: “We appreciate the patriotic zeal of the House to address issues affecting Benue and Zamfara. This crucial intervention, however, must comply with the nation’s Constitution.

“Certainly, the House committee 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.”

Another lawyer in his take said the federal lawmakers have bigger responsibilities calling for their attention at their door steps than the ones in far away states.

“It baffles me that these lawmakers prefer to go and interfere with the affairs of states with functional elected government in place when there are myriads of issues all over the place begging for their attention. Without necessarily scratching this particular petition on the surface, one can see glaringly in between the lines that they are politically motivated by some enemies of the two governors to cause chaos and hopefully get presidential approval for another state of emergency which undermines our democratic posturing as a nation.

“I hope President Tinubu and the lawmakers are smart enough to know that these unpatriotic elements only want to use them to achieve their selfish and destructive motives that can bring the nation on its knees. A word they say is enough for the wise,” he said.

Reps summon to governors, speakers unconstitutional – Conference of Speakers

Meanwhile, the Conference of Speakers of State Legislatures of Nigeria has described as unconstitutional the House of Representatives’ summons issued to the Governors Speakers of the Benue and Zamfara State Houses of Assembly.

In a statement, the conference, through its Chairman and Speaker of the Oyo State House of Assembly, Adebo Ogundoyin, described the summons as “an overreach of constitutional powers, a direct challenge to Nigeria’s federal structure, and a breach of the autonomy of state legislatures as guaranteed by the 1999 Constitution.”

“The investigative and oversight powers of the National Assembly under Sections 88 and 89 of the Constitution are restricted to matters within the legislative competence of the Federal Government,” the statement added.

The Conference warned that any attempt to erode the constitutional independence of State Assemblies may set a dangerous precedent capable of undermining democracy at the sub-national level.

It called on the National Assembly to uphold the principles of separation of powers and mutual institutional respect, while assuring Nigerians of its unwavering commitment to transparency, accountability, and the rule of law at all levels of governance.

Reps change committee leadership, adjourns

The House of Representatives Committee on Public Petitions has adjourned its hearing on the suspension of lawmakers from the Benue and Zamfara Houses of Assembly to May 14.

Deputy Chairman of the committee, Rep. Mathew Nwogu (LP-Imo), gave the ruling on Thursday following the failure of the speakers and governors of both states to honour earlier invitations.

In his remarks, Nwogu stated that it would be inappropriate to make a decision without hearing from the parties involved.

“You cannot shave someone’s hair in his absence,” he said.

According to him, the adjournment will offer another opportunity for the absent stakeholders to appear before the committee.

He also cited a recent reshuffle in the House leadership, which resulted in changes to the committee’s composition.

According to him, the new date will allow the incoming chairman ample time to review the matter thoroughly.

The newly appointed Chairman of the committee, Rep. Bitrus Laori (PDP-Adamawa), assured the petitioners that their rights would be protected.

“I want to give you every assurance that nobody’s rights will be trampled upon.

“You must have confidence in us that we are committed to addressing this matter.

“I urge everyone to be patient. No matter how long the journey, we will reach our destination,” he said.

• Aku writes from Abuja