Justice Adamu Bello raising to the responsibility of the Judiciary to interpret the actions of arms of government weighed sections 4C (3) of the 1999 constitution which guarantees fundamental rights of individuals as is related to section 88 (1) and 89 (1) which states the powers of the National Assembly to invite anybody in Nigeria in the cause of investigating corruption or conduct in office.
But the Judge said that although there is no question about the powers of the National Assembly to invite anybody in the course of it’s investigations, such powers of invitation of arrest were subject to the conditions laid out in sub section 1 of section 88 of the constitution. This includes a resolution published in it’s journal or official gazette directing the investigation on matters with respect to which it has powers to make laws.
The Federal High Court however warned that the setting aside of the Senate’s arrest warrant should not be interpreted as casting any doubts on the National Assembly’s powers of arrest adding that the Constitution had only lined up steps to be taken in exercising that power and advised AbdulRasheed Maina to voluntarily make himself available to the Senate.
Ken Ikwame counsel to Senate. Efot Ikoi counsel to Maina.