NASARAWA STATE LEGISLATIVE INVESTIGATION (PROCEDURE) LAW

Published by Law Nigeria Admin at 17th May 2019

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NASARAWA STATE LEGISLATIVE INVESTIGATION (PROCEDURE) LAW

ARRANGEMENT OF SECTIONS

Citation and commencement
Summons to appear and mode of service
Proof of service
Arrest of person who disobey summons
Penalty for failure to attend or to answer question
[Liability for failure, refusal or negligence to answer question]
Privilege against disclosure or production
Witness’s expresses
Right to Counsel
Perjury
Contempt of House or Committee
Prosecution by the House
Prosecution by the House
[Power of House/Committee to Reprimand and Discharge Offender]
Interpretation

EXPLANATORY MEMORANDUM

A LAW FOR LEGISLATIVE INVESTIGATIVE (PROCEDURE) OF NASARAWA STATE

In exercise of the provisions of section 128 and 129 of the Constitution of the Federal Republic of Nigeria 1999 and all other powers enabling in that behalf:

Enactment

BE IT ENACTED by the Nasarawa State House of Assembly and by the authority of same as follows:

Citation and commencement

This Law may be cited as the Nasarawa State Legislative Investigation (Procedure) Law and shall come into operation on 16th day of August, 2000.

Summons to appear and mode of service

(1) Every summons to appear or attend or to produce a document or other thing before the House or Committee issued in accordance with Section 129 of the Constitution shall:

(a) Be in writing, in duplicate and signed by the Clerk or Chairman on the direction of the Speaker.

(b) Be as in Form A in the First Schedule to this Law.

(d) Where service of the summons becomes impracticable, same be served by registered post addressed to his last known place of abode or business.

(2) Where a summons is to produce a document or other thing, such summons shall state the document or thing to be produced.

Proof of service

Where service has been effected, an affidavit or declaration made by the serving officer that the summons had been served in accordance with Section 2 shall be admissible as evidence of service.

Arrest of person who disobey summons

(1) Every warrant of arrest issued in accordance with Section 129 (1) (d) of the Constitution shall be in writing, signed or sealed by the Speaker and shall be as in Form B in the First Schedule to this Law.

(2) The Speaker on issuing a warrant for the arrest of any person may, direct that the person named in the warrant be released after arrest on his entering into such a recognizance before a court of Law for his appearance before the House or Committee as may best be required in the endorsement.

Penalty for failure to attend or to answer question

A warrant for arrest shall remain valid until executed or cancelled by the person issuing it.

[Liability for failure, refusal or negligence to answer question]

Subject to the provision of Section 129 of the Constitution, any person who, on being summoned to attend before the House or Committee or to produce document or other thing in his possession or under his control, fails, refuses and/or neglects to do so or to answer any question put to him by or with the concurrence of the Speaker or Chairman unless such refusal, failure or neglect be excused, shall be liable:

(a) To a fine of N5,000.00 to be imposed by the House or Committee or three months imprisonment or both such fine and imprisonment.

(b) To pay such cost to be assessed by the House or Committee.

Privilege against disclosure or production

Where a witness claims privilege against disclosure or against the production of any document or thing, the House or Committee shall consider such claim and make any order it considers just.

Witness’s expresses

A witness or other person attending at the request of or upon summons by the House or Committee shall be subject to like expenses as if summoned to attend the High Court in a criminal trial, or to such other expenses as the House or Committee consider just.
(1) Where an oath is to be administered on a witness, such oath shall be in the Second Schedule of this Law, or in such other manner as the House or Committee considers binding on his conscience.

(2) Such oath shall be administered by the Clerk or Chairman of the Committee.

(3) Provided that a person of the Muslim faith shall be given the opportunity to complete the ablution prescribed by the Muslim faith for persons taken oath on the Holy Quran.

Right to Counsel

Any person whose conduct is the subject of investigation or who is in any way implicated or concerned in the matter under investigation shall be entitled to be represented by counsel at the investigation by the leave of the House or Committee.

Perjury

Any person who gives false evidence before the House or Committee upon oath or declaration made by him shall be guilty of an offence and upon conviction shall be liable to imprisonment of twelve months.

Contempt of House or Committee

(1) Any person who misconducts himself or creates a disturbance in the House or Committee to which he has been summoned to appear, knowing or having reason to believe that the proceedings of the House or Committee will be interrupted thereby; or

(2) Any person who destroys any document or other thing which he has been ordered to produce before the House or Committee shall be guilty of an offence and shall upon conviction be liable to imprisonment of six months or to such fine as may be imposed by the Court.

Prosecution by the House

Notwithstanding the provisions of any other law, the Attorney General of the State shall prosecute any person who violates this Law upon information in writing by the Speaker.

[Power of House/Committee to Reprimand and Discharge Offender]

Notwithstanding any of the provisions of this Law, the House or Committee may, as it deems fit, reprimand and discharge the offender.

Interpretation

In this Law except the context otherwise requires:

“Chairman” means Chairman of a Committee.

“Committee” means Committee of the House whether standing or adhoc.

“Constitution” means the Constitution of the Federal Republic of Nigeria, 1999.

“Court” means appropriate court of law.

“House” means Nasarawa Sate House of Assembly.

“Speaker” means Speaker of Nasarawa State House of Assembly.

“Summons” means Form A in the First Schedule.

“Warrant” means Form B in the First Schedule.

FIRST SCHEDULE FORM ‘A’

In the Nasarawa State House of Assembly

SUMMONS TO WITNESS

(Pursuant to Section 129 (1) (c) of the Constitution of the Federal Republic of Nigeria,

To: ………………………………………………………………………
(Name of person summoned, if known, his official title and address)

You are hereby summoned to appear before ……………………………………………………………………………
(If not the Assembly, name of Committee)

At the Nasarawa State House of Assembly, Lafia on the ………… day of …………………………. 20 , at ………………… o’clock, and to give evidence respecting or to be examined in respect of ……………………………………………………………………………. (state briefly the subject of the investigation)

Further, you are required to bring with you ……………………………………………………………………………
(specify the document or other things required to be produced)

(Note that if you fail to obey this summons, a warrant of arrest may be issued against you).

Dated this ……………………….. day of ………………………. 20

______________________________
Speaker

FORM ‘B’

In the Nasarawa State House of Assembly

WARRANT OF ARREST

(Pursuant to Section 129 (1) (d) of the Constitution of the Federal Republic of Nigeria).

To all members of the Police Force.

To all members of staff of the House …………………………………………………………………………………………………………..
(Name such officer authorized to make the arrest)

Whereas a summons under Section 129 (1) (c) of the Constitution has been served upon one:…………………………………………………………………………………………………………………………………………………………………..
(Name of witness served and address)

To attend before ………………………………………………………………………………………………………….…………………………………….
(Name the Committee if applicable)

To give evidence or produce document and other thing …………………………………………………………………………………..

(State briefly the subject of the investigation)

on ……………………………. day of …………………………., 20…………………….

And whereas the said …………………………………………………..
(Name of Witness)

has neglected to appear at the time and place and it has been proved to me upon oath that the said summons has been duly served upon the said ……………………………………………………………………………………..
(Name of Witness)

and has not excused such failure to my satisfaction. You are hereby commended to apprehend the said ……………………………………………………………………………………………………………………………………..
(Name of Witness)

and to bring him before the House/Committee as aforesaid.

Dated this ……………………… day of ……………………… 20

______________________________
Speaker

This warrant may be endorsed as follows:

Bail may be granted to arrest person before a Court in the sum of N ………………………………………….. with or without surety.

SECOND SCHEDULE

FORM OF OATH

I swear by Almighty God that the evidence I shall give before this House/Committee shall be the truth, the whole truth and nothing but the truth, so help me God.

FORM OF AFFIRMATION

I solemnly sincerely and truly declare and affirm that the evidence I shall give before this House/Committee shall be the truth, the whole and nothing but the truth, so help me God.

FORM OF AFFIRMATION FOR PERSON OF NO RELIGIOUS BELIEF

I solemnly affirm that the evidence I shall give before this House/Committee shall be the truth, the whole truth and nothing but the truth.

OTHER CASES

In the case of a person professing a religion to which the foregoing forms are not suitable such oath or affirmation as the House/Committee shall consider binding upon his conscience.

This printed impression has been carefully compared by me with the Bill, which has been passed by the Nasarawa State House of Assembly and is found by me to be true and correct copy of the Bill.

HAJIYA AISHA AHMED esq
Clerk of the House
Nasarawa State House of Assembly

I ASSENTED THIS 16TH DAY OF AUGUST, 2000

ALHAJI ABDULLAHI ADAMU
Executive Governor
Nasarawa State of Nigeria

Find other laws of Nasarawa State, Nigeria HERE