N10 billion charter jet: Court quashes House Reps summons

The Federal High Court sitting in Abuja yesterday quashed the sum­mons issued on the Petro­leum Minister, Deizani Alison-Madueke and Ni­geria National Petroleum Corporation [NNPC] to appear before its investiga­tive panel over alleged N10 billion jet charter on the grounds that it did not fol­low due process under the law.

Specifically, Justice Ahmed Mohammed in his judgment held that although the House of Representa­tives has absolute powers to invite any public officer ir­respective of his or position to appear before it, such an invitation must comply with the provisions of the law.
The court held that for such an invitation to be valid in law, the resolution of the House must be published in its journal or the official ga­zette as required by the pro­visions of sections 88 and 89 of the 1999 constitution (as amended).
According to Justice Mo­hammed, there was no evi­dence before his court that such a resolution to invite the Minister and her minis­try existed as none of the de­fendants have produced its resolution before the court.
“The implication of the failure to produce the reso­lution is that there is no evi­dence before the court of its existence, which makes the letter of invitation to the plaintiffs invalid in law.It appears that the summons is not valid and letters of invi­tation is hereby set aside.”
The court however slammed the Minister for refusing to appear before the House probe panel saying it was not proper for a public officer to seat in the comfort of his office and challenge the decision of the House.
“Let me state clearly that it is the failure by the House of Representatives to an­nexed its resolution or pub­lished it in its journal of of­ficial gazette that makes the letter of invitation invalid. If the proper thing had be done, the plaintiff would not have a case in this court.”
“This decision does not implies that House of Repre­sentatives does not have the power to summon anybody no matter how highly placed to investigate him.
He added that if such power is properly utilized, the National Assembly can summon anybody.