House to Issue Arrest Warrant on MDAs over Investigative Hearing

The House of Representatives has resolved to invoke sections 89 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended) to issue a warrant to compel the attendance of any head of Ministries, Departments and Agencies (MDAs) or persons who, after being summoned to attend an investigative hearing, fails to do so.

The House also resolved to order them to pay all costs which may have been occasioned in compelling his attendance or by reason of his failure, refusal or neglect to obey summons.

These decisions by the House followed the unanimous adoption of a motion of urgent public importance, titled: 'Urgent Need to Authorise the Issuance of Warrant of Arrest against any Person or Head of Organisation who Fails to Appear/Honour Invitations to Investigative Hearings Before Any Committee of the House of Representatives’, sponsored by Hon James Faleke and Hon Victor Nwokolo at the plenary yesterday.

The House Committee on Finance is currently investigating the non-remittance of funds to the Federation Account by federal agencies. Also, the Committee on Public Accounts is holding investigative hearing into refusal of MDAs to render their accounts to the office of the Accountant-General of the Federation from 2014 to date.

Faleke, while presenting the motion, lamented that many heads of MDAs have refused to appear before the Committees after written invitations.

He explained that the sole objective of these investigations by the House is to ensure that Nigeria's tax regime remains fair and competitive, and expected tax revenue by any organisation and or individual is paid appropriately and accordingly into the government treasury.

Faleke, who also doubles as the Chairman of the House Committee on Finance said the Committee also sought an amendment of the Company Income Tax Bill 2020 currently awaiting assent of the president.

 

He said the House observed huge revenue leakages of over $30billion attributable to corporations which systematically evade the remittance of the appropriate taxes, despite public declarations of exorbitant revenues and profits.

The lawmaker further said: “The House is aware that the $30 billion tax revenue leakage is based solely on documented evidence, this is not a fishing expedition, or an attempt to harass any law-abiding entities; compliance with our letters of invitation will afford any persons or organisation the opportunity to challenge any false allegations.”

The lawmaker listed MTN, Airtel, Globacom, Spectranet and other telecoms companies under the aegis of Incorporated Trustees of Association of Licenced Telecommunications Operators of Nigeria as among those who refused to honour their invitations, adding that rather, they, upon the receipt of the letters, chose instead to file cases in the court.

Ruling on the motion, Speaker of the House, Hon. Femi Gbajabiamila, frowned at the behaviour of the heads of MDAs, saying the House will not sit down and accept for the National Assembly to be handicapped.

He said: "Democracy rests on a tripod-the executive, judiciary and legislature. And each one has the power of summon. If organisations can adhere to summons of the judiciary, executive, there’s no reason why they should not succumb or bow to the majesty of our democracy.

"Of all the three arms of government, the one the constitution deemed fit to provide the power of arrests and summons in the constitution is the legislature. MTN and Globacom of this world are not above the law. We had stated that the ninth Assembly shall shake the table, this maybe one of those instances where we will do that."

Gbajabiamila directed the Committee on Finance to issue final summon to them, and failure to appear before the Committee within seven days, warrant of arrest would be issued on them.