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By Section 88(1)(a) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the Senate/HOR has power to direct or cause to be directed investigation into any matter or thing in respect of which it has power to make laws.
Pursuant to Item 6 of the Second Schedule Part I of the said Constitution power to make laws with respect to banking, banking bills of exchange and promissory notes lies exclusively with the National Assembly, the Senate inclusive.
Further to this, item 34 of the said Second Schedule vests exclusive power in the National Assembly to enact laws relating to Labour. The term Labour is quite wide. As such, the Senate may direct investigation into what disciplinary action was taken and the adequacy of same.
In exercise of its power of investigation, the Senate/HOR may summon any person in Nigeria to give evidence or produce document or anything under his control. They may also examine such person as a witness. Where he fails, refuses or neglects to attend, a warrant may be issued to compel his attendance. The warrant may be served by the Police (S. 89 of the CFRN)
There’s however a limit to the aftermath effect of the Senate’s powers being a legislative and not a judicial institution
By Section 88(2) of the CFRN, the purpose of conducting such investigation must be either for the Senate to correct any defect in the Law (BOFIA or CBN/NDIC Act(s) as may be relevant; or to expose corruption, inefficiency or waste in the execution or administration of the BOFI etc
My humble opinion is that the Senate can investigate Edward Onoja in respect of his dealings in the bank with the aim of exposing the fact that relevant laws have not stopped him from being corrupt and to recommend him for prosecution if it is satisfied that he had escaped justice hitherto.
The Senate had on Tuesday received a petition against Chief of Staff to Kogi State Governor, Edward Onoja involving a fraud of N53 million when he worked with Guarantee Trust Bank Plc.
On this fraud charge, Edward Onoja was at a time invited by the Economic and Financial Crimes Commission (EFCC) but he was let off the hook.
Senate President Bukola Saraki admitted the petition in line with the Senate rules and asked the Committee on Ethics, Privileges and Public Petitions headed by Senator Samuel Anyanwu representing Imo East Senatorial district to do a thorough investigation and revert to the Chambers.
Thank you for your attention.
– Oluwole Oladimeji Esq
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