You have no right to summon Prof Sagay over his comments, SERAP tells Senate

Socio-Economic Rights and Accountability Project (SERAP) has called on the leadership of the Senate to without delay withdraw its summon of the chairman, Presidential Advisory Committee Against Corruption (PACAC), Professor Itse Sagay over his comment on the National Assembly.

Sagay had described the Senate as “childish, irresponsible and one ‘filled by people of questionable character’.”

This was in reaction to the lawmakers’ refusal to approve the appointment of the 27 Resident Electoral Commissioners except President Muhammadu Buhari sacked the Economic and Financial Crimes Commission (EFCC) acting chairman, Ibrahim Magu.

Unhappy with Sagay’s reaction, the lawmakers had on Wednesday summoned him to appear before them to explain why he should describe the Senate in the way and manner he did.

Already, Sagay has vowed he would not honour the Senate summon and questioned the right they have to invite him.

SERAP in its response to this matter in a statement released on Thursday and signed by its executive director, Adetokunbo Mumuni, said that the “unwarranted and unconstitutional” summon of Professor Sagay to appear before the Senate committee on ethics, privileges and public petitions, “is arbitrary, a travesty, mala-fide, and cannot withstand constitutional scrutiny”.

According to SERAP, Sagay simply exercised his right to freedom of expression, and that summoning him only amounts to “suppression of freedom of expression and public discussion, which is inimical to peace, order, good governance and the rule of law, and patently inconsistent with the Senate’s law-making and oversight functions.”

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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