They lack that power– Falana Reacts As Benue, Zamfara Governors Shun Reps Summon

Prominent human rights lawyer, Femi Falana, SAN, has challenged the constitutional authority of the House of Representatives to summon state governors, following the refusal of Benue State Governor Hyacinth Alia and Zamfara State Governor Dauda Lawal to appear before a House committee.

The governors were summoned by the House Committee on Public Petitions over allegations of orchestrating the illegal suspension of lawmakers in their respective State Assemblies. The petition, filed by Mr. Ihensekhien Samuel on behalf of the civil society group Guardians of Rule of Law and Democracy, was submitted to the House on March 27, 2025.

The group has called on the National Assembly to invoke Section 11(4) of the 1999 Constitution to assume legislative powers over the affected state assemblies, alleging that the suspensions have paralyzed legislative functions.

However, both governors ignored the committee's summons on May 8, 2025. Reacting to the development in an interview with Leadership, Falana argued that the National Assembly has no legal authority to compel the appearance of state governors or state assembly speakers.

“There is no law that grants them such powers, and they cannot hide under Section 82, which only permits the issuance of summons during the process of amending laws or investigating matters related to funds they have appropriated,” Falana stated.

He emphasized that the oversight functions of the National Assembly do not extend to state governors, who are accountable solely to their respective State Houses of Assembly.

“We have gone to court on similar matters. In Sterling Bank v. Senate, the court held that the National Assembly cannot summon individuals unless the matter involves federal appropriations or legislation in process,” he said.

Falana warned that the National Assembly must operate within the boundaries of the federal structure outlined in the Constitution.

“There is no direct legislative oversight of state governors by the National Assembly. The idea that they can order a governor to appear before them is unconstitutional. Their powers are limited and clearly defined,” he concluded.