The Senate has reaffirmed its constitutional oversight powers, directing all Ministries, Departments and Agencies (MDAs) and Government-Owned Enterprises (GOEs) to honour invitations issued by its committees or risk sanctions under the Constitution and other extant laws.
The resolution followed the adoption of a motion sponsored by the Chairman of the Senate Committee on Finance, Senator Mohammed Sani Musa (CON), on the persistent refusal of several MDAs and GOEs to appear before the committee during oversight and investigative hearings.
The motion was co-sponsored by more than 30 senators, including Senators Adamu Aliero, Abdul Ningi, Mohammed Monguno, Orji Uzor Kalu, Yahaya Abdullahi, Dafinone Ede Omueya, Victor Umeh, Sunday Karimi and Abdulaziz Yar’Adua, among others.
Presenting the motion, Senator Sani Musa recalled that Sections 88 and 89 of the 1999 Constitution (as amended) empower the National Assembly to investigate the conduct of ministries, departments and agencies administering laws enacted by Parliament or managing public funds in order to expose corruption, inefficiency and waste, and ensure accountability.
He also cited Order 97 of the Senate Standing Orders (2023, as amended), which authorises Senate committees to conduct oversight of MDAs and government-owned enterprises within their respective jurisdictions.
According to him, the Senate Committee on Finance regularly investigates the financial operations of MDAs and GOEs, including their internally generated revenue, stamp duty collections, operating surpluses, statutory remittances into the Consolidated Revenue Fund (CRF), and compliance with the Fiscal Responsibility Act, Finance Act 2022 and other financial laws.
Senator Musa, however, lamented that despite duly issued invitations and notices, several agencies had persistently failed, neglected or outrightly refused to appear before the committee or furnish requested information.
He described the development as a direct affront to the constitutional authority of the Senate, warning that it undermines the doctrine of separation of powers, weakens legislative oversight and erodes transparency and accountability in the management of public resources.
The Senate consequently resolved to reaffirm its constitutional powers under Sections 88 and 89 of the Constitution to investigate and exercise oversight over the finances and administration of all public institutions established by law.
It directed all MDAs and GOEs to honour invitations issued by the Senate and its committees and provide all documents, records and information required for the discharge of their oversight responsibilities.
The Senate also called on the Secretary to the Government of the Federation, the Head of the Civil Service of the Federation and all ministers to ensure strict compliance by agencies under their supervision with all Senate invitations, summonses and directives.
It mandated the Clerk of the National Assembly to communicate the resolution to all MDAs, GOEs and relevant authorities for immediate compliance.
The upper chamber further resolved that any MDA or GOE that deliberately refuses to honour Senate invitations or obstructs legislative oversight would be subjected to sanctions provided under the Constitution, the Legislative Houses (Powers and Privileges) Act, the Fiscal Responsibility Act and the Senate Standing Orders.
An additional prayer moved by Senator Adetokunbo Abiru was also adopted, mandating all MDAs to regularly forward their audited accounts to the relevant Senate committees in accordance with Section 85(2) of the Constitution to strengthen financial accountability and legislative oversight.
Contributing to the debate, Senator Abdul Ningi described the situation as unfortunate, recalling that since Nigeria’s return to democratic rule in 1999, the legislature had remained an independent arm of government and not a department of the executive.
He said President Bola Tinubu might not be aware of the actions of the defaulting agencies and suggested that the Senate issue a final warning before invoking its constitutional enforcement powers.
Senator Mohammed Monguno said the motion was long overdue, stressing that the National Assembly must jealously guard its independence under the principle of separation of powers.
He warned that where the executive displays what he termed “executive arrogance or executive rascality,” Parliament must rise to defend its constitutional authority.
Monguno, however, cautioned against attributing the actions of the agencies directly to President Tinubu, noting that there was no evidence the President had instructed any MDA to ignore Senate invitations.
According to him, legislative oversight remains one of the strongest tools available to assist the executive by exposing breaches of the Fiscal Responsibility Act, wasteful expenditure, excessive spending on travel and training, and failures by agencies to remit revenues due to the Federation Account.
He argued that many of the financial irregularities uncovered by Senate committees would otherwise remain unknown to the President, urging agencies to recognise that they are accountable not only to the executive but also to the National Assembly.
Senator Orji Uzor Kalu, a member of the Senate Committee on Finance, also supported the motion, insisting that enforcing legislative oversight was the responsibility of the National Assembly and not the President.
He maintained that elected lawmakers should not tolerate situations where unelected public officials disregard parliamentary summons, noting that while ministers and other senior officials regularly honour invitations, some agencies continue to ignore the Senate with impunity.
Kalu urged the Senate to invoke its constitutional powers against defaulting agencies, insisting that the institution must protect its authority.
Senator Danladi Halilu Envulu-Anza also backed the motion, citing Section 89 of the Constitution, which empowers the Senate to issue warrants compelling the attendance of persons who refuse to honour invitations without lawful excuse.
He said the Constitution already provides sufficient legal authority for the Senate to compel attendance and recommended that agencies that continue to ignore invitations should first be notified formally by the Clerk of the National Assembly before the Senate exercises its constitutional powers to enforce compliance.
Following the debate, the motion was unanimously adopted by the Senate.
