National Assembly has no power to summon Buhari — Malami


By Abba Gwale

Attorney-General of the federation and Minister of justice (AGF), Abubakar Malami SAN, has said that the National Assembly lacks the constitutional power to summon President Muhammadu Buhari.

The president is scheduled to appear before the National Assembly tomorrow, but it is now uncertain if he will honour the request.

In a statement released today, Malami said it was outside the constitutional powers of the National Assembly to summon the president over his operational use of the armed forces.

“President Muhamamdu Buhari of the Federal Republic of Nigeria has recorded tremendous success in containing the hitherto incessant bombing, colossal killings, wanton destruction of lives and property that bedeviled the country before attaining the helm of affairs of the country in 2015,” the statement reads.

He 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 exposore in view of security implications in probable undermining of 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

Abubakar Malami added that the decision to appear before the National Assembly should be at the president’s discretion and not subject to summons by the lawmakers.

“The right of the President to engage the National Assembly and appear before it is inherently discretionary in the President and not at the behest of the National Assembly,” Malami added

“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 law making 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.”

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