Private Sector Operators Drag N’Assembly to Court over Incessant Invitations to Members

Dike Onwuamaeze

Members of the Organised Private Sector of Nigeria (OPSN) have dragged the National Assembly (NASS) to court over incessant invitations and summon of its members as well as investigations of the activities of private business concerns.

This was announced in a joint press statement that was issued during the weekend by the director generals of the Manufacturers’ Association of Nigeria (MAN); Nigeria Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA); National Association of Small-Scale Industrialist (NASSI); National Association of Small and Medium Enterprises (NASME) and Nigeria Employers’ Consultative Association (NECA), which described such invitations as worrisome.
The OPSN is also asking the court to determine the constitutionality, scope and extent of Sections 88 and 89 of the 1999 Constitution on businesses in the private sector.

The OPSN stated: “The crux of the matter is the determination of the extent of legislative investigatory powers as contained in Sections 88 and 89 of the 1999 Constitution, especially how it applies to businesses in the private sector. The case also challenged the grounds relied upon by the committees to invite companies in the private sector.”

They stated that, “we had written severally to the committees informing them that their action is not only a distraction to organised businesses but also a usurpation of the powers and responsibilities of the executive arm of government.

“Our understanding of the powers conferred on lawmakers by Sections 88 and 89 of the Constitution is for the exercise of oversight functions on public sector agencies. We, honestly, cannot find any support in the aforementioned sections for investigations of private companies.

“In our view, the legislature cannot make law and supervise its execution. We strongly believe that the intended investigation falls within the prerogative of the executive arm of the federal government. This is based on the doctrine of separation of powers in Nigeria.

“If the National Assembly’s committees have issues with the way and manner the executive arm is carrying out its responsibilities of ensuring compliance to various laws and regulations, their focus of investigation should be directed at the relevant Ministries, Departments and Agencies of government rather than the private sector.”

The director generals noted that, “we had made several representations to the various committees and also approached the courts.”
The director generals were worried that federal legislators have not been adhering to its own rules that where cases are in court, it should be respected and no action should be taken until its conclusion.

They added that, “it would appear that the lawmakers are not adhering to this rule, even when they are parties in the matter and the case is still pending in a court of competent jurisdiction.”

It therefore argued that, “the NASS’ committees should tarry for the court to make pronouncement rather than continue the unabated harassment of legitimate business owners.

“Businesses are already faced with myriads of challenges and it will be counter-productive for some committees of the NASS to constrain the wheel of the most productive sector of the economy.

“Our expectation is that legitimate businesses should be supported by the NASS’ committees complimenting the efforts of the executive arm of government by legislating laws that will make the business environment friendlier to attract domestic and foreign investments.”