Benue, Zamfara Assemblies reject House of Reps summons, call it unconstitutional

The Benue and Zamfara State Houses of Assembly have firmly rejected a recent summons issued by the House of Representatives Committee on Public Petitions, calling it unconstitutional and an overreach of federal legislative powers.

The committee had summoned the governors of Benue and Zamfara Hyacinth Alia and Dauda Lawal respectively alongside the speakers and leadership of both state assemblies. They were directed to appear before the committee on March 8, 2025, to respond to petitions concerning alleged irregularities in their legislative processes.

In separate statements, both state assemblies condemned the summons, asserting that the National Assembly lacks constitutional authority to interfere in the internal legislative affairs of state legislatures.

However, both state assemblies have dismissed the summons as an infringement on the principles of federalism and the autonomy granted to state governments under Nigeria’s Constitution. They argued that the National Assembly has no legal backing to summon state officials over matters that fall within the purview of state legislative responsibilities.

But on Tuesday, the Benue State House of Assembly passed a resolution instructing its Speaker, Hyacinth Dajoh, not to honour the invitation from the National Assembly.

The summons, the House argued, contravened the provisions of the 1999 Constitution.

Leading the debate, the House Majority Leader, Saater Tiseer, dismissed the invitation as ignorant of constitutional boundaries.

“Going by the Constitution of the Federal Republic of Nigeria, the Benue State House of Assembly is not answerable to the National Assembly,” he stated. “Section 101 empowers the House to regulate its own procedure without external interference.”

Other lawmakers, such as Bemdoo Ipusu, Michael Audu, and Peter Uche, canvassed the same argument.

Ipusu suggested that the Benue Assembly seek redress in court, while accusing the group that submitted a petition against the Assembly, Guardians of Democracy, of misleading the federal lawmakers.

“By implication, the National Assembly is attempting to usurp the functions of a vibrant and duly elected state legislature,” he said.

Another lawmaker, Peter Uche, expressed dismay that his name was included among those allegedly suspended, despite actively discharging his legislative duties.

“This act clearly shows that the National Assembly was misinformed,” he said.

To formalise its rejection of the summons, the Benue State House of Assembly filed a lawsuit at the Federal High Court, Makurdi Division, seeking an injunction to restrain the National Assembly from proceeding with any attempt to take over its functions.

The case, with Suit No. FHC/MKD/CS//45/2025, is scheduled for mention on May 14.

The suit lists as defendants: Speaker of the House of Representatives, Tajudeen Abbas; Chairman of the House Committee on Public Petitions,Michael Etaba; the House of Representatives itself; and members of the Guardians of Democracy and Rule of Law, including Emmanuel Onwudiwe.

The Benue Assembly is asking the court to declare that it is autonomous and constitutionally empowered to carry out its legislative duties independently.

It also contends that the National Assembly cannot take over its functions unless it is incapacitated, as outlined in Section 11(4) of the Constitution.

It argues further that internal disciplinary actions do not justify such a takeover, and that the summons and petition (No. 638 of 2025) constitute unconstitutional interference with a democratically elected legislature.

In a parallel development, the Zamfara State House of Assembly also dismissed the summons, declaring that Governor Dauda Lawal will not appear before the federal lawmakers.

Speaking with The PUNCH on Tuesday, the Chairman of the Zamfara House Committee on Information, Kabiru Dangulbi, said the invitation by the federal lawmakers had no legal basis.

“Governor Dauda Lawal is a law-abiding citizen of this country and will never do anything contrary to constitutional provisions,” Dangulbi said. “The invitation by the House of Representatives is illegal and unconstitutional. Our governor will not waste his time on issues that lack legal standing,” he said.

However, Dangulbi said unlike Benue, Zamfara would not take legal action, expressing confidence that “the honourable members will soon realise they made a mistake and will eventually drop the idea.”

(Punch)