Taye Obateru
9 January 2009
THERE seems to be no end in sight to the crisis between the Plateau State and the Federal Government over who has the right to investigate the recent crisis in Jos, as the state government has called on the National Assembly to hands-off their ongoing investigations into the matter.
To this end, the state government sent a formal letter to the House of Representatives Ad-Hoc Committee currently sitting in Jos asking it to discontinue its sitting.
In a swift reaction, however, the House of Representatives Committee said it had the constitutional powers to probe the crisis and cited sections 4, 88 and 89 of the 1999 Constitution from which it derives its powers.
The Committee, therefore, continued its sitting taking testimonies from various party leaders and individuals yesterday and has promised to take further testimonies from religious leaders as it continues today.
The state government in a statement yesterday said investigations being conducted by the two arms of the National Assembly amounted to usurpation of the powers of the state government.
The House of Representatives Ad-hoc Committee on the crisis which started a public hearing on the crisis on Monday is expected to wind up its sitting tomorrow but the state government wants it to end the sitting imediately.
A statement signed by James Mannok, Director of Press and Public Affairs to Governor Jonah Jang reads:
"The Plateau State Government wishes to advise the House of Representatives and Senate Ad-hoc Committees on recent disturbances in some parts of Jos city to halt the proposed investigation.
"This is in view of the fact that the state government has constituted a Judicial Commission of Inquiry to unearth the remote and immediate causes of the incident.
"In addition, the House of Representatives and the Senate are not vested with the Constitutional powers to institute such probe panels as the subject matter in question is clearly within the province of the state to handle.
"To do otherwise will be a usurpation of the powers of the State Government.
"Also, since there is a pending case instituted against the Federal Government of which the National Assembly is a party, it is equally advisable in the interest of the Rule of Law for the Federal Government and the National Assembly not to take any step to overreach the Supreme Court.
"The Plateau State Government wishes to appreciate the two chambers of the National Assembly for their concern over the crisis and restoration of peace.
"Government equally sympathizes with all those who lost their loved ones and property."
The Plateau State Government followed the public statement with a letter signed by the Attorney-General and Commissioner for Justice, Mr. Edward Pwajok which read:
"During your recent courtesy call on the Governor of Plateau State, you did indicate that the committee was on a mission to view the sites of the crisis that took place recently and report back to the House of Representatives. Subsequent media reports have shown that you are embarking on a full scale investigation of the crisis.
"I, therefore, find it necessary to intimate you that your committee has no such constitutional powers of investigation as envisaged to be carried out by it. You will note that this subject matter is not within your legislative competence and that your oversight/functions do not extend to the federating unit of the Federation.
"You will, therefore, be well advised to halt the proposed investigation in view of the fact that the State Government has constituted a Judicial Commission of Inquiring to unearth the immediate and remote causes of the crisis."
However, the committee responded swiftly, telling the state government that the House had the power to institute a probe hence the committee would not discontinue its assignment.
The letter entitled: Re: The proposed illegal probe into the recent Jos crisis, signed by the chairman of the committee Alhaji Isah Idris, reads:
"The Ad-Hoc committee observed that the Content of your letter does not represent the correct state of affairs since there is a written communication to the Executive Governor of Plateau State in which the mandate of the Committee was clearly stated expressed. This was prior to the courtesy call referred to in your letter.
"This Ad-Hoc Committee was set up by the resolution of the House of Representatives of the Federal Republic of Nigeria pursuant to the constitutional mandate.
"We advise that you direct your communication to the Honourable Speaker of the House of Representatives. We trust that as a legal practitioner and Chief Law Officer of Plateau State, you know the process of channelling or constitutional interpretation of your request."
In another handwritten letter signed by Umaru, the committee cited sections 4, 88 and 89 of the 1999 constitution, to assure the general public that the National Assembly draws its power from these sections of the constitution, and the substance of the exclusive and concurrent thereof.
"We recognise that where there are disputes over the proper interpretation of the constitution, the right avenue for adjudication is the court of law. In the absence of any judicial injunction, this committee is competent to continue its work and shall accordingly proceed."
Following the crisis that engulfed Jos, the Plateau State capital on November 28 last year, which claimed hundreds of lives and property, President Umaru Yar'Adua, on December 25, 2008 constituted an Administrative Panel of Inquiry into the crisis, and appointed Major-General Emmanuel Abisoye (rtd) as the chairman.
But Governor Jonah Jang in a suit he filed before the Supreme Court is challenging the powers of the Federal Government to constitute a panel of inquiry arguing that the crisis was a state affair.
In the suit, the state government is seeking judicial interpretation of relevant laws on who between the state government and the Federal Government has the powers to set up a probe panel on the crisis that occurred in the state when such matter is exclusively on the residual list.
The Plateau State Government is contending that the Federal Government under the leadership of President Yar'Adua is breaching the provisions of the 1999 constitution by setting up the probe panel to investigate the causes of the crisis in the state when such matter does not fall under either the exclusive or the concurrent list.
Jang stated that Yar'Adua did not consult him before setting up the administrative panel even though the panel so set up would investigate events that took place within Jang's domain and jurisdiction.
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It is Constitutional and dandy.
It is Constitutional and dandy.