Embassy- Oseni Momodu, ESQ.
The repeated calls by Senator Adams Oshiomhole that the Senate President, Godswill Akpabio should invoke the constitutional powers of the National Assembly to compel the attendance of individuals before the Senate came to the fore for the umpteenth time during yesterday’s plenary on Friday 24th July, 2026.
This legislative tool is the most potent of its oversight mechanisms empowered by the Constitution. Contrary to widely held views amongst Nigerians that National Assembly is merely a law-making institution, it must be emphasized that it is also constitutionally empowered to investigate, summon witnesses, demand documents, and where necessary, issue warrants to compel attendance.
These powers are firmly rooted in the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and reinforced by the Legislative Houses (Powers and Privileges) Act, 2017.
■ Constitutional Basis for Legislative Investigations
By the authority of Section 88 of the Constitution which empowers each House of the National Assembly (Senate and House of Representatives) to conduct investigations into- any matter over which it possessed legislative competence; and the conduct of any person, authority, ministry, department or agency responsible for implementing laws enacted by the National Assembly or administering public funds, Senator Adams Oshiomhole’s persistent calls on the leadership of the Red Chamber perfectly aligns with extant statutory provisions of the 1999 Constitution (supra).
■ Power to Summon Any Person or Individual
Once an investigation is properly initiated under Section 88, Section 89(1) grants the Senate, House of Representatives or any duly constituted committee extensive investigative powers. Among these powers are the authority to: 1. summon any person in Nigeria; 2. require oral or documentary evidence; 3. administer oaths to witnesses; 4. compel production of official records; and other relevant documents.
These provisions make it clear that no public official, private individual or corporate body is automatically immune from appearing before the legislature where their evidence is relevant to an investigation falling within legislative competence. The law is that any individual or official of government could be subpoenaed.
■ Constitutional Power to Issue Arrest Warrants
Perhaps the strongest enforcement mechanism appears in Section 89(1)(d) of the Constitution.
Where a person who has been duly summoned fails, refuses or neglects to appear without satisfactory excuse, the Senate or its committee may:
- issue a warrant compelling the person’s attendance;
- direct payment of costs occasioned by the failure to appear; and
- impose fines as prescribed by law.
Accordingly, Section 89 (2) further provides that such warrants may be executed by members of the Nigeria Police Force or by any person authorized by the President of the Senate or the Speaker of the House of Representatives.
Consequently, legislative arrest warrants are not criminal warrants intended to punish offences or offenders. Rather, they are coercive constitutional mechanisms designed solely to secure compliance with lawful legislative summons.
■ Statutory Reinforcement Under the Legislative Houses (Powers and Privileges) Act, 2017
The Legislative Houses (Powers and Privileges) Act, 2017 strengthens these constitutional powers. More particularly, the Act expressly provides some Legislative powers of a Legislative House or committee to summon individuals, procedures for issuing and serving summons; the authority to issue warrants compelling attendance where summons are ignored; the protection of Legislative proceedings from undue interference; and immunity for Legislators regarding statements made during parliamentary proceedings.
The 2017 Act was enacted specifically to ensure that Legislative oversight is effective rather than merely symbolic. I understand Senator Adams Oshiomhole, through his legislative activism is advocating a stronger Natoma Assembly as the nation’s law-making institution to reassert its powers and enthrone public confidence on the institution. Most unfortunately, the Senate President has repeatedly stand down his callings.
■Oshiomhole’s Position in Context
Against this Constitutional background, Senator Adams Oshiomhole’s argument is that once the Senate has lawfully commenced an investigation and individuals refuse to honour duly issued invitations, the Senate President should not hesitate to invoke the enforcement mechanisms already provided by law.
His position is anchored on the principle that legislative oversight loses its effectiveness if invitations become optional. A legislature unable or unwilling to enforce its summons risks undermining accountability and weakening public confidence in parliamentary oversight.
However, whether the Senate President chooses to exercise those powers in any particular case remains a matter of institutional discretion.
■Conclusion
The Nigerian Constitution does not leave the National Assembly powerless when faced with non-compliance during investigations. Through Sections 88 and 89 of the 1999 Constitution (as amended), complemented by the Legislative Houses (Powers and Privileges) Act, 2017, the Senate possesses robust powers to investigate, summon witnesses, compel production of evidence, and issue warrants where lawful invitations are ignored.
As Senator Adams Oshiomhole has argued, these powers exist not for intimidation or political grandstanding but to preserve the integrity of legislative oversight, strengthen accountability, and ensure that those entrusted with public responsibilities remain answerable to the representatives of the Nigerian people.