Prominent human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has condemned the decision of the House of Representatives to summon the Governors of Benue and Zamfara States Hyacinth Alia and Dauda Lawal over the alleged suspension of lawmakers in their respective state assemblies.
The summons was issued by the House Committee on Public Petitions following a petition submitted on March 27, 2025, by Mr. Ihensekhien Samuel. Samuel, a legal counsel to the civil society group Guardians of Rule of Law and Democracy, accused the governors of facilitating the unconstitutional suspension of lawmakers in the two state legislatures. The group urged the National Assembly to invoke its authority under Section 11(4) of the 1999 Constitution to assume control of the legislative duties of the affected assemblies, arguing that their functionality had been compromised.
According to the petitioners, the actions allegedly carried out under the direction of the two governors have hindered the legislative process in both states, raising concerns about democratic governance and constitutional order.
Despite the gravity of the allegations, Governors Alia and Lawal failed to appear before the House Committee on Thursday, May 8, 2025, effectively disregarding the summons.
Reacting to this development in an interview with Leadership, Femi Falana maintained that the House of Representatives has no legal basis to summon state governors. He explained that Nigeria’s federal constitution clearly delineates the separation of powers between the federal and state governments, meaning that the National Assembly cannot exercise supervisory powers over state executives.
“There is no constitutional or legal provision that authorizes the National Assembly to summon a sitting governor,” Falana emphasized. “The lawmakers cannot rely on Section 82 to justify such actions. That section only empowers them to issue summons during the process of amending legislation or investigating matters concerning funds they have appropriated.”
He further explained that the power to summon public officials is strictly limited to those under the purview of the federal government or those involved in federal legislative processes. “The National Assembly has jurisdiction over federal institutions and officials. Governors, however, are accountable to their respective state legislatures, not to the National Assembly,” he said.
Citing judicial precedent, Falana referenced a previous legal case — Sterling Bank vs. the Senate — where a court ruled that the National Assembly had overstepped its powers by summoning officials outside its jurisdiction.
Falana added, “A governor manages funds appropriated by the state House of Assembly, not the National Assembly. Therefore, there’s no legal foundation for any federal legislative committee to summon a governor. You cannot arrest or compel a state governor to appear before a federal committee. It’s simply outside the bounds of their authority.”
He concluded by warning that the National Assembly must act within the confines of the law and respect Nigeria’s federal structure. “We must not forget that we are operating a federal system. The relationship between a state governor and the National Assembly is not hierarchical. Each level of government is autonomous within its own sphere,” Falana stated.
