The House of Representatives has urged the Executive Arm of Government to refrain from making statements that connote the usurpation of judicial powers. Moving the motion titled “Need to prevent the Erosion of the Doctrine of Separation of Powers in the Nation’s Democratic Practice”at the plenary session of Thursday, April 27th 2017, Hon. Leo Ogor (PDP: Delta) expressed dismay over the comment credited to the Vice President, Prof. Yemi Osinbajo that Section 171 of the 1999 Constitution as (amended), which pertains to the appointment of the Chairman of the Economic and Financial Crimes Commission (EFCC) did not require the confirmation of the Senate.
Hon. Ogor noted that pursuant to the doctrine of the separation of Powers, and Section 4(2) of the 1999 Constitution (as amended), it is the function of the National Assembly to make laws for the peace, order and good governance of the Federation or any part thereof. He also stated that the violation of this provision was an “imminent threat to democratic practice”.
In addition, he explained that the EFCC Act, 2004 is an Act of the National Assembly that can only be set aside by a Court of competent jurisdiction. Accordingly, the law remains in force and is binding on all persons and authorities.
The House of Representatives further urged the President, Muhammadu Buhari to approach the Court for interpretation for any contrived conflict in the Act.
