Buhari Makes U-turn, Ignores House’s Summon on Constitutional Grounds
Davidson Iriekpen in Lagos, Iyobosa Uwugiaren, Omololu Ogunmade, Chuks Okocha, Alex Enumah, Adedayo Akinwale and Udora Orizu in Abuja
A day before his commitment to honour an invitation by the House of Representatives to address lawmakers on what his administration is doing to combat rising insecurity, President Muhammadu Buhari yesterday walked back on his promise.
The presidency cited the constitution, which the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), said does not confer the power to summon the president on the National Assembly, for Buhari’s change of mind.
However, the minister’s position elicited divergent reactions from a cross-section of stakeholders, with Deputy President of the Senate, Senator Ovie Omo-Agege, concurring with him while the House Minority Caucus and lawyers differed.
Notwithstanding the presidency’s clarification, the House spokesman, Hon. Ben Kalu, told THISDAY yesterday that lawmakers were still expecting the president to fulfill to his promise to appear before them today.
Kalu anchored his position on the fact that the House has not been formally notified that the President would no longer honour the invitation.
House Speaker, Hon. Femi Gbajabiamila, had told State House reporters last Wednesday, when he led a delegation to convey the House’s invitation to Buhari that the president had pledged to honour the invitation.
The summoning of the president followed the consideration of a motion on December 1, moved by Hon. Satomi Ahmed, on behalf of 10 other Borno State federal lawmakers, to summon Buhari, and to amongst other things, declare a state of emergency on some areas to tackle the worsening insecurity.
The motion was informed by the killing of over 43 rice farmers in Zabarmari village, near Maiduguri, the Borno State capital, on November 28.
Although Gbajabiamila was non-committal on the date of the president’s appearance, THISDAY had exclusively reported last week that the president might appear before the House today.
Buhari’s Special Assistant (New Media), Ms. Lauretta Onochie, in a tweet a few days later, confirmed that the president would honour the House’s invitation today.
The motion was informed by the killing of over 43 rice farmers in Zabarmari village, near Maiduguri, the Borno State capital, on November 28.
Although Gbajabiamila was non-committal on the date of the president’s appearance, THISDAY had exclusively reported last week that the president might appear before the House today.
Buhari’s Special Assistant (New Media), Ms. Lauretta Onochie, in a tweet a few days later, confirmed that the president would honour the House’s invitation today.
It was gathered that at the NEC meeting, a prominent South-west governor had reportedly put Gbajabiamila on the spot for allowing the motion summoning the president to pass, advising Buhari to ignore the invitation.
The Chairman, Caretaker/Extraordinary National Convention Planning Committee, Buni, had said at the meeting that the party had decided that Buhari should not appear in the National Assembly today.
Gbajabiamila reportedly interjected that it would be the president’s prerogative to determine whether to honour the summon or not.
It was also learnt yesterday that in furtherance of the NEC’s decision, APC governors, led by the Chairman, APC Governors’ Forum and Kebbi State Governor, Alhaji Abubakar Bagudu, met behind closed doors on Tuesday night with party lawmakers on why they are opposed to the president honouring the House’s invitation.
They were said to have raised concerns about opposition lawmakers heckling the president to embarrass him and the party.
THISDAY gathered the lawmakers were not happy with the party’s position but there was little or nothing they could do so as not to appear to be confrontational with party authorities.
However, Malami’s intervention yesterday, challenging the House’s power to invite the president, made his non-appearance today before the lawmakers a fait accompli.
Malami, in a statement, said the ‘’confidentiality of strategies’’ employed by the president as the commander-in-chief of the Armed Forces of the Federal Republic of Nigeria is not open for public exposure in view of the security implications that could undermine the war against terror.
‘’The fact that President Muhammadu Buhari was instrumental to the reclaiming of over 14 local governments previously controlled by the Boko Haram in North-east is an open secret, the strategies for such achievement are not open for public expose,’’ the minister stated.
According to him, Buhari enjoys constitutional privileges attached to the Office of the President, including ‘’exclusivity and confidentiality investiture in security operational matters,” which remains sacrosanct.
Malami added that the National Assembly has no constitutional power to envisage or contemplate a situation where it could summon the president on operational use of the armed forces.
He argued: ‘’The management and control of the security sector is exclusively vested in the president by Section 218 (1) of the Constitution as the Commander-in-Chief of the Armed Forces, including the power to determine the operational use of the armed forces.
‘’An invitation that seeks to put the operational use of the armed forces to a public interrogation is indeed taking the constitutional rights of lawmaking beyond bounds. As the commander-in-chief, the president has exclusivity on security and has confidentiality over security.
‘’These powers and rights he does not share. So, by summoning the president on national security operational matters, the House of Representative operated outside constitutional bounds. President’s exclusivity of constitutional confidentiality investiture within the context of the constitution remains sacrosanct.”
While condoling with the bereaved and sympathising with the victims of insecurity in the country, Malami said national security is not about publicity and the nation’s security architecture cannot be exposed for the sake of getting publicity.
He added that Buhari has recorded tremendous success in containing the ‘’hitherto incessant bombing, colossal killings, wanton destruction of lives and property’’ that bedevilled the country before his presidency in 2015.
Although Malami was not categorical in his statement whether or not the president will appear today before the House, Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, while responding to THISDAY inquiry on the president honouring the invitation said Buhari would not need to do so anymore, given the clarification by the AGF.
Adesina explained that the AGF had issued a statement stating that the summon was at variance with the constitution.
“The AGF has released a statement on the non-constitutionality of it,” he said.
A senior aide to Gbajabiamila, who craved anonymity, also confided in THISDAY last night that the president would no longer honour the House’s invitation.
This day
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