A Federal High court in Abuja
presided over by Justice Ahmed Mohammed on Wednesday set aside the summons by
the House of Representatives on the Minister of Petroleum Resources, Mrs.
Diezani Alison-Madueke to appear before it to answer to allegations that some
ten billion naira was spent on a private aircraft charter.Justice Mohammed in
his ruling voided the invitation by the House on the ground that the conditions
precedent in line with Section 88 of the constitution of the Federal Republic
of Nigeria, were breached by the lower chamber of the National Assembly in
summoning the Minister.The Court held that the conditions were that the House
was to publish in the National Assembly journal and the gazette of the Federal
Government, the resolution directing the probe of the Minister; noting that the
procedure was not followed accordingly.Justice Mohammed in the judgment also
held that until the conditions precedent are followed, the National Assembly
could not issue summons on any public officer for the purpose of
investigation.The court also ruled that in the instant case, the permission of
the President was not needed before the Minister could appear before the
National Assembly, because the allegation against the Minister was on
unofficial use of public funds to hire a private aircraft. The court however
advised any public officer to always honour invitations once the conditions
precedent are followed because the National Assembly has powers to summon any
public officer.
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