Editorial: Upholding Constitutional Balance Between Federal and State Legislatures

The recent decision by Nigeria’s House of Representatives to withdraw its summons of the Speakers of the Benue and Zamfara State Houses of Assembly—and to issue an apology—has averted what could have escalated into an avoidable constitutional crisis.

The Committee on Public Petitions had initially summoned the Benue Speaker over the suspension of 13 state lawmakers, and similarly summoned the Zamfara Speaker concerning the suspension of 10 members. Following widespread condemnation from constitutional scholars and civic groups who described the move as unconstitutional overreach, the House leadership recanted. In a letter signed by Professor Jake Dan Azumi, Chief of Staff to Speaker Tajudeen Abbas, the House reaffirmed respect for the autonomy of state legislatures as enshrined in Nigeria’s Constitution.

This reversal is both timely and necessary. It underscores that Nigeria’s federal structure, as set out in the 1999 Constitution, does not place state legislatures under the authority of the National Assembly. Rather, they operate as independent arms of government within their jurisdictions.

Nonetheless, this incident exposes the fragility of Nigeria’s evolving constitutional democracy. It highlights the urgent need for continuous vigilance by citizens and civil society to guard against legislative overreach that could threaten the principle of separation of powers.

It is troubling that such a clear constitutional breach could originate from the National Assembly itself—an institution meant to be the chief custodian of democratic norms and the federal balance. While sections 88 and 89 of the Constitution do grant each chamber of the National Assembly powers to summon individuals and conduct investigations, these powers must be exercised judiciously. The House committee may have relied on Section 89(1)(c) for its ill-advised summons. However, state assemblies possess parallel powers under Section 129(1)(c), emphasizing their constitutional independence.

In the future, the National Assembly should seek legal guidance before taking actions that might be construed as encroachments on state autonomy. The internal affairs of state assemblies should not be subject to interference from federal legislators, except where the Constitution explicitly provides otherwise. Allowing such interference opens the door for partisan actors to manipulate the process for political gain.

Equally concerning is the role of external pressure groups, including protesters who recently demanded that the National Assembly take over the functions of the Benue and Zamfara assemblies. Such demands run counter to the federal principle and must be firmly rejected to safeguard Nigeria’s democracy.

Ultimately, the strength of Nigeria’s federation lies in upholding the independence of each tier of government. The National Assembly must resist any temptation to act beyond its constitutional mandate, especially under pressure from individuals with vested interests. Protecting the autonomy of state legislatures is essential for sustaining democratic governance and the rule of law.