Senate lacks powers to summon Sagay — SERAP

Socio-Economic Rights and Accountability Project (SERAP) has called on the leadership of the Senate to “immediately withdraw the unwarranted and unconstitutional ‘summon” for Itse Sagay, chairman of the Presidential Advisory Committee Against Corruption to appear before the Senate committee on ethics, privileges and public petitions for reportedly describing the body as “childish and irresponsible” and one “filled by people of questionable character.”

SERAP in a statement yesterday by its executive director, Adetokunbo Mumuni, said “the Senate’s decision to summon Professor Sagay simply for exercising his right to freedom of expression is arbitrary, a travesty, mala-fide, and cannot withstand constitutional scrutiny.”
The statement read in part: “The Senate is not immune from constitutional control simply because it’s a law-making body. In fact, the Senate has neither special immunity from the operation of the constitution nor special privilege to invade the constitutionally and internationally guaranteed right to freedom of expression of Professor Sagay or other citizens for that matter.”

“The framers of the Constitution of Nigeria 1999 (as amended) would never have contemplated a legislative power without responsibility, and the Senate can’t continue to carry on in a manner that implies its law-making and oversight powers are not open to question. Therefore, its powers under the constitution ought to be exercised reasonably and responsibly, consistent with the fundamental notions of peace, order, good governance and the public interest.”
“The human rights of Nigerians are secured against not only executive lawlessness but also legislative excesses. To trample on citizens’ freedom of expression is to thwart the ideals of representative democracy and the rule of law.”

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