This presentation considers the scope of the so called oversight functions of the legislature over private entities. A must read for any business person who wishes to understand the nature and scope of the legislature\'s power to routinely investigate their activities. For further engagement please contact me at israel.aye@sterlingpartnershipng.com

1. THE BASIS OF A TYPICAL INVITATION TO AN INVESTIGATIVE HEARING BY THE NATIONAL ASSEMBLY
 S. 88 of the 1999 Constitution & S. 40(1) National Assembly
(Basic Constitutional and Transitional Provisions) Decree No. 5
1999 empowers the National Assembly to: -
 investigate any matter or thing with respect to which it has
powers to make laws;
 the conduct of affairs of any person, authority, ministry or
governmental department charged or to be charged with
the duty or responsibility for executing or administering
laws enacted by the National Assembly
 S. 89 of the 1999 constitution empowers the National
Assembly to procure evidence written or oral, direct or
circumstantial for the purpose of the investigations under
section 88.

2. POWER CONFERED BY LAW - GUIDING PRINCIPLE
Where powers are specifically conferred by statute, any thing done outside such powers is in excess of jurisdiction
A creation of the law cannot act outside the powers specifically and expressly committed to it. In particular, any action which
would have a compelling force must be clearly spelt out, and cannot be assumed
Per Ademola, C.J.F.
In EX PARTE ATEM (Unreported)
F.S.C. 23/1960
Judgment delivered 23rd Feb 1961

3. SCOPE OF S. 88 WITH RESPECT TO PRIVATE ENTITIES
„ QUALFIFYING SUBJECT
Any matter or thing with respect to which it has powers to make
laws
&
„ QUALIFYING ENTITY
The conduct of a person, authority, Ministry or Government department charged with the responsibility for:
i. executing or administering moneys appropriated or to be appropriated by the National Assembly, and
ii. disbursing or administering moneys appropriated or to be appropriated by the National Assembly.”

4. SCOPE OF S. 88 WITH RESPECT TO PRIVATE ENTITIES (CONT’D)
„ Further qualification of the scope: -
“The powers conferred on the National Assembly under the
provisions of this section are exercisable only for the purpose of
enabling it to-
i. make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
ii. expose corruption, inefficiency or waste in the execution
or administration of laws within its legislative competence
and in the disbursement or administration of funds
appropriated by it".

5. PROPOSED RESPONSE TO INVITATION TO INVESTIGATIVE HEARINGS
 Examine every individual request
 Encourage compliance where applicable
 Uphold the rule of law, advice the resistance of
invalid requests, where necessary be ready to
litigate
“If the Constitution is to be upheld, and undoubtedly it must be, then a
breach of it must be capable not only of being vindicated but of being
prevented.”
Per Coker, J.S.C. in Re: G. M. Boyo