A bill seeking to alter section 89(1)(d) and 89(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) passed second reading at the House of Representatives on Wednesday, 30 September 2020.
In the lead debate by Hon. Abubakar Fulata (Jigawa:APC), he stated that the bill seeks to give effect to section 14(3) of the Legislative Powers and Privileges Act 2017 that prescribes a 500,000 Naira fine or imprisonment for a term of 2 years or both as the penalty for contempt of a Legislative House. The alteration in question seeks to criminalise failure, refusal or neglect to obey legislative summons. The current provision in the Constitution only provides for the payment of costs and fines by the defaulter and states as follows:
“89. Power as to matters of evidence
(1) For the purposes of any investigation under section 88 of this Constitution and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to –
…
(d) issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the House or the committee in question, and order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey the summons, and also to impose such fine as may be prescribed for any such failure, refusal or neglect; and any fine so imposed shall be recoverable in the same manner as a fine imposed by a court of law.”
The bill now proposes the alteration below as a replacement:
“89. Power as to matters of evidence
(1) For the purposes of any investigation under section 88 of this Constitution and subject to the provisions thereof, the Senate or the House of Representatives or a committee appointed in accordance with section 62 of this Constitution shall have power to –
…
(d) issue a warrant to compel the attendance of any person who after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the Legislative House or Committee in question.”
“(3) Notwithstanding anything to the contrary in the Constitution of the Federal Republic of Nigeria any person who after having been summoned to attend, fails, refuses or neglects to do so and does not excuse such failure, refusal or neglect to the satisfaction of the Legislative House or Committee in question commits an offence and is liable on conviction to such punishment as may be prescribed by an Act of the National Assembly.”
Hon. Fulata added that the objective of the alteration is to strengthen the institution of the legislature and insulate it against the humiliation and embarrassment it has suffered in the hands of many individuals who after being summoned, refuse to attend.
Following the debate, the bill passed second reading and was referred to the Ad-Hoc Committee on Constitution Review.
