Senate to MDAs: honour legislative summons or face sanctions

The Senate on Wednesday drew a firm line against the Central Bank of Nigeria (CBN), the Nigerian National Petroleum Company Limited (NNPCL) and other 40 Ministries, Departments and Agencies (MDAs), declaring that government institutions that refuse to honour its invitations or obstruct legislative oversight will face sanctions under the Constitution, the Legislative Houses (Powers and Privileges) Act and the Senate Standing Orders.

The resolution followed the adoption of a motion sponsored by the Chairman of the Senate Committee on Finance, Senator Sani Musa (Niger East), in response to the persistent refusal of several revenue-generating agencies to appear before the committee or submit the financial records required for oversight.

As part of its resolutions, the Senate directed all Ministries, Departments and Agencies (MDAs) and Government-Owned Enterprises (GOEs) to honour invitations issued by the Senate and its committees, appear whenever required, and provide all documents, records and information necessary for the discharge of legislative oversight responsibilities.

It also mandated the Clerk to the National Assembly to communicate the resolutions to all affected agencies for immediate compliance, and urged the Secretary to the Government of the Federation (SGF), the Head of the Civil Service of the Federation and all ministers to ensure that agencies under their supervision comply with Senate invitations and summonses.

The Red Chamber further resolved that any agency that deliberately refuses to honour invitations or obstructs the constitutional oversight functions of the National Assembly would be subjected to appropriate sanctions and enforcement measures as provided under the 1999 Constitution, the Legislative Houses (Powers and Privileges) Act and the Senate Standing Orders.

Moving the motion, Musa said the National Assembly was constitutionally empowered under Sections 88 and 89 of the Constitution to investigate the administration and expenditure of public funds, expose corruption, inefficiency and waste, and ensure accountability in the management of national resources.

He noted that Order 97 of the Senate Standing Orders also empowers standing committees to exercise oversight over MDAs and government-owned enterprises within their respective jurisdictions.

According to him, the Senate Committee on Finance routinely conducts investigative hearings into internally generated revenue, stamp duty collections, operating surpluses, statutory remittances to the Consolidated Revenue Fund (CRF) and compliance with the Fiscal Responsibility Act as well as the Finance Acts.

He, however, lamented that despite repeated invitations, several agencies had either ignored the committee or claimed they were under no obligation to appear.

Musa warned that such conduct was a direct challenge to the authority of the legislature.

‘This persistent non-compliance constitutes a direct affront to the constitutional authority of the Senate, undermines the doctrine of separation of powers and checks and balances, weakens legislative oversight, and impedes transparency and accountability in the management of public resources,’ he said.

He added that allowing the trend to continue would encourage institutional impunity, frustrate the National Assembly’s oversight responsibilities and erode public confidence in democratic governance.

The debate intensified when Senator Mohammed Tahir Monguno (Borno North) reminded lawmakers that the Constitution already empowers the Senate to compel attendance by defaulting officials.

Citing Section 89(1)(d) of the Constitution, Monguno said the Senate could issue warrants against any person who, after being summoned, refused or neglected to appear without a satisfactory explanation.

‘We are representing the entire nation. These constitutional powers exist for a reason,’ he said, urging the Senate to invoke its enforcement powers against persistent defaulters after due notice.

Senate President Godswill Akpabio agreed that the Constitution had vested the Senate with adequate powers to enforce compliance.

‘We cannot continue lamenting. The Constitution has already provided the Senate with the authority to act,’ Akpabio said.

He disclosed that some committees had been informed by heads of agencies that they had ministerial approval to ignore Senate invitations.

‘Some agencies even tell committees they have ministerial approval to ignore Senate invitations. That is mind-boggling,’ he said.

Akpabio said that where committee reports established continued defiance, the Senate would summon the affected officials before the entire chamber and invoke every constitutional power available to compel compliance.

Former Senate Chief Whip, Senator Orji Uzor Kalu (Abia North), insisted that lawmakers should no longer look to the Executive whenever agencies ignored parliamentary summons.

‘This is not the job of the President of the Federal Republic of Nigeria. This is our job. Sections 88 and 89 of the Constitution empower and protect the National Assembly to carry out its constitutional responsibilities. If they refuse to come, we should invoke our constitutional powers,’ he said.

Senator Adams Oshiomhole (Edo North) also backed stronger enforcement, stressing that legislative oversight remained one of Parliament’s most effective tools for exposing financial infractions.

He said committees should recommend appropriate enforcement measures against agencies that disregard Senate summonses, noting that oversight had uncovered breaches of the Fiscal Responsibility Act, excessive recurrent spending and poor compliance with statutory remittance obligations.

Senator Abdul Ningi (Bauchi Central) reaffirmed the independence of the legislature, saying Parliament was neither an arm nor a department of the Executive.

He, however, suggested that the affected agencies should be given one final opportunity to appear before the relevant committees before stronger constitutional measures were invoked.

Following the debate, the Senate unanimously reaffirmed its oversight powers under Sections 88 and 89 of the Constitution, ordered all MDAs and GOEs to comply with Senate invitations, and directed the Clerk of the National Assembly to communicate the resolutions to all affected institutions for immediate implementation.

It also urged all government agencies to cooperate fully with legislative oversight to promote transparency, accountability and the prudent management of public funds.

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