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Falana Explodes: Benue, Zamfara Governors Can’t Hide Behind Section 82
Human rights lawyer, Femi Falana (SAN), has criticized the summons issued to Benue State Governor Hyacinth Alia and Zamfara State Governor Dauda Lawal, asserting that the National Assembly lacks the legal authority to compel a state governor or House speaker to appear before it.....KINDLY READ THE FULL STORY HERE▶
The House of Representatives Committee on Public Petitions issued the summons following a petition submitted on March 27, 2025, by Ihensekhien Samuel, legal counsel to the civil society group Guardians of Rule of Law and Democracy. The petition alleged that lawmakers were unlawfully suspended in both Benue and Zamfara States.
The CSO urged the National Assembly to invoke Section 11(4) of the 1999 Constitution, which allows it to assume the legislative duties of state assemblies unable to perform their functions.
The governors, however, declined to appear before the committee on Thursday, May 8, 2025.
Speaking to Leadership, Falana maintained that lawmakers are not empowered to summon governors unless it pertains to appropriated funds or legislative matters within their jurisdiction. He emphasized that Section 82 of the Constitution cannot be used as a blanket justification for such summons.
“They lack the authority to summon a governor,” Falana said. “Section 82 only allows for such powers when lawmakers are amending legislation or investigating funds they have appropriated. Governors are accountable to their state assemblies, not the National Assembly.”
He added that the courts have already ruled on similar matters, referencing the Sterling Bank v. Senate case, which restricted lawmakers from summoning officials outside these bounds.
“You can only summon public officials during investigations related to federally appropriated funds or in the course of lawmaking. There’s no general or unlimited power to summon anyone,” he concluded.
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