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NASS Has No Power to Summon Buhari, Says Malami
Abubakar Malami, attorney-general of the federation (AGF), says the national assembly has no constitutional power to summon President Muhammadu Buhari.
Last week, the house of representatives passed a resolution summoning the president over the rising insecurity in the country.
The president is scheduled to appear before the national assembly on Thursday but it is now uncertain if he will honour the request.
In a statement on Wednesday, Malami said it was outside the constitutional powers of the national assembly to summon the president over his “operational use of the armed forces”.
“President Muhamamdu Buhari of the Federal Republic of Nigeria has recorded tremendous success in containing the hitherto incessant bombing, colossal killings, wanton destruction of lives and property that bedeviled the country before attaining the helm of affairs of the country in 2015,” the statement read.
“The confidentiality of strategies employed by the President as the commander in Chief of the Armed Forces of the Federal Republic of Nigeria is not open for public exposore in view of security implications in probable undermining of the war against terror.
“The fact that President Muhammadu Buhari was instrumental to the reclaiming of over 14 Local Governments previously controlled by the Boko Haram in North East is an open secret, the strategies for such achievement are not open for public expose.
“While condoling the bereaved and sympathising with the victims of the associated insecurity in the country, Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN maintained that national security is not about publicity and the nation’s security architecture cannot be exposed for the sake of getting publicity.”
According to the statement, the president’s efforts on security matters are exclusive and confidential, and as such, “the National Assembly has no Constitutional Power to envisage or contemplate a situation where the President would be summoned by the National Assembly on operational use of the Armed Forces.”
Malami added that the decision to appear before the national assembly should be at the president’s discretion and not subject to summons by the lawmakers.
“The right of the President to engage the National Assembly and appear before it is inherently discretionary in the President and not at the behest of the National Assembly,” the attorney-general said.
“The management and control of the security sector is exclusively vested in the President by Section 218 (1) of the Constitution as the Commander in Chief of the Armed Forces including the power to determine the operational use of the Armed Forces. An invitation that seeks to put the operational use of the Armed Forces to a public interrogation is indeed taking the constitutional rights of law making beyond bounds.
“As the Commander in Chief, the President has exclusivity on security and has confidentiality over security. These powers and rights he does not share. So, by summoning the President on National Security operational Matters, the House of Representative operated outside constitutional bounds.
“President’s exclusivity of constitutional confidentiality investiture within the context of the constitution remains sacrosanct.”
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Secretary of State, Marco Rubio, is putting Nigeria back on the watchlist, reversing a Joe Biden-era policy due to the extermination of Christians, Fox News reports.
The US President, Donald Trump, on Friday, ordered the designation of Nigeria as a Country of Particular Concern, saying that Christians in Nigeria are facing an existential threat. He also called on American lawmakers to investigate the mass slaughter.
A day later, Trump revealed that he had ordered the Pentagon to prepare for possible action in Nigeria as he continued accusing the Federal Government of violence against Christians.
Trump, who posted a statement on his social media handle, said that if the Nigerian government continues to allow the killing of Christians, US troops will be ordered to enter Nigeria and wipe out terrorists.
He said: “If the Nigerian Government continues to allow the killing of Christians, the U.S.A. will immediately stop all aid and assistance to Nigeria, and may very well go into that now disgraced country, “guns-a-blazing,” to completely wipe out the Islamic Terrorists who are committing these horrible atrocities.
”I am hereby instructing our Department of War to prepare for possible action. If we attack, it will be fast, vicious, and sweet, just like the terrorist thugs attack our cherished Christians! Warning: The Nigerian government better move fast!”
However, Fox News is now reporting that Trump’s directive has been carried out as Rubio is putting Nigeria back on the watchlist.
Source: Fox News
The Federal High Court in Abuja, on Tuesday, gave the leader of the Indigenous People of Biafra, Nnamdi Kanu, until November 5 to defend the terrorism charges filed against him or risk waiving his right to do so.
The trial judge, Justice James Omotoso, advised Kanu to consult legal practitioners experienced in criminal law to assist with his defence or to formally appoint a lawyer to represent him in court.
Justice Omotosho’s decision followed Kanu’s continued refusal to open his defence, insisting that there was no valid charge pending against him.
Kanu, who represented himself during Tuesday’s proceedings, told the court that he would not return to detention unless the charges against him were properly presented.
He argued that his continued detention by the Department of State Services was unlawful, maintaining that he had not breached any known law.
He also accused the court of disregarding the Supreme Court’s judgment which, according to him, condemned his extraordinary rendition from Kenya.
He demanded that the trial judge immediately discharge him from custody.
When reminded that the Supreme Court had ordered a fresh trial, Kanu maintained his position that the terrorism charge was invalid and incompetent.
Citing Section 36(12) of the 1999 Constitution, he argued that there was no existing law creating a terrorism offence in Nigeria.
“In Nigeria today, the Constitution is the supreme law. There is no valid charge against me. I will not go back to detention today. The Terrorism Prevention and Prohibition Act has been repealed. I cannot defend myself under a repealed law,” Kanu said.
He further challenged any lawyer to show him a valid charge, urging the court to “take judicial notice” of what he claimed was the repeal of the terrorism law.
“I cannot be tried under a law that has been repealed. Prosecuting me under such a law is a violation of my fundamental rights,” he insisted.
After several attempts to persuade him to enter his defence, Justice Omotosho adjourned proceedings until November 5, 2025, giving Kanu the final opportunity to either defend the charge or forfeit his right to do so.
During the session, counsel for the Federal Government, Adegboyega Awomolo (SAN), informed the court that some documents served on him by Kanu were unsigned and not endorsed by the court, arguing that they held no evidential value.
There was drama in the Senate on Tuesday following the recent threat by Donald Trump, the President of the United States to take military action against Nigeria over alleged persecution of Christians.
It started when Godswill Akpabio, the Senate President, was addressing reports by an online platform alleging that he had publicly rebuffed Trump over his recent comments and had said Nigerians were “not complaining” about their condition.
The visibly displeased Senate President denied ever making such statements, describing them as “false and malicious.”
He condemned the publication, saying it was an attempt to create diplomatic tension and discredit the National Assembly.
“The fake report claimed I said Nigerians are not complaining that we like the way we are living. That is completely false. I have petitioned the police and the DSS,” he said.
Akpabio said, “Somebody will sit in the comfort of his room and fabricate a report, attaching fake pictures from 2023 when I visited Port Harcourt with senators for a completely different event, and then claim that the Senate President replied President Trump.
“Who am I to answer Trump?” Akpabio asked jokingly.
The issue, however, sparked heated reactions on the floor of the Senate as Akpabio, and his deputy, Barau Jibrin, openly differed on how the Nigerian legislature should respond.
While Akpabio dismissed reports that he had already reacted to Trump’s comments, declaring, “Who am I to answer Trump?”, Barau quickly interjected, insisting that he was not afraid of the American leader.
“I’m not scared of Trump. I will say my mind. I’m a Nigerian. Nigeria is a sovereign nation,” Barau said passionately.
The Deputy Senate President added, “I’m a parliamentarian, the Deputy Senate President, I can speak. Don’t be scared of Trump. You can say your mind about Trump. We are a sovereign nation.”
The exchange, which briefly lightened the mood in the chamber, underscored a divide in tone between both presiding officers on how Nigeria’s parliament should handle the diplomatic row.
“It is the Presidency that will respond to President Trump, not the Senate President. But who is that person that would ascribe a comment to me when I was never contacted?”
Akpabio urged security agencies to investigate and prosecute those behind the viral story, describing it as an effort to “cause friction and bring the Nigerian Senate into disrepute.”
“I believe the Cybercrimes Unit of the police, the DSS, and others should find that character out. This is meant to sow division. Social media should not be allowed to break Nigeria,” he added.
The Senate President, however, noted that the Red chamber would take an official position on Trump’s remarks once the federal government had clarified its stance.
He said, “When the executive responds, we will take a position as a Senate. Until then, no one should speak for this institution.”
Over the weekend, Trump declared via social-media that Nigeria faces “an existential threat” to its Christian population and warned that the U.S. may deploy troops or conduct air-strikes if the Nigerian government fails to halt the killings.
He instructed the Pentagon to prepare for possible action and threatened to cut all U.S. aid to Nigeria.
In tandem, the U.S. re-added Nigeria to its “Country of Particular Concern” list for religious freedom violations.
The Nigerian government rejected the designation and the characterisation of persecuting Christians, insisting that Nigeria protects religious freedom for all.
Source: businessday.ng
