Abuja Firm queries House of Reps’ power to probe cases pending in court

The House of Representatives has been asked to desist from further initiating investigation into cases already pending before the court of laws in the country.

This request is contained in a letter written to the House of Representatives by a senior lawyer, Babs Akinwumi in response to an invitation to his client, Oxford International Group Limited.

The House of Representatives, through its Committee on Public Petitions, claimed, in its invitation, dated July 4, that it was investigating Oxford and its subsidiaries “for criminal conspiracy, obtaining by false pretence, fraudulent practices, among others, contained in a petition by some of its investors.

Oxford, in its response, dated July 23, denied being involved in unlawful activities but blamed the current downturn in the nation’s economy for its inability to meet its investors’ expectations.

It said the case the House of Representatives seeks to investigate, had been investigated by police and found that it relates purely to commercial transactions, without criminal element.

The firm added that the matter was currently the subject of a pending case before the High Court of the Federal Capital Territory (FCT) in suit No: FCT/HC/CV/3237/2024.

It argued that the House of Reps lacks the power to investigate a matter pending in court, adding that its oversight powers under Sections 88 and 89 of the Constitution did not extend to a private entity not publicly funded.

Part of the letter reads: “Our client is a genuine business entity with no intention of any criminality as listed in the subject of your summons

“The inclement business environment pervading the country was what took its unfortunate toll on our client and its subsidiaries.

“This fact that our client has no criminal intention has been established by the police in the course of its investigation of our client on the same subject you are seeking to investigate.ate now.

“We also wish to inform you that the subject of summons is also sub judice in suit No: FCT/HC/CV/3237/2024

“Therefore, and without doubt, the extended invitations to our clients and the purported investigations built around the subject are now sub judice.

“For clarity’s sake, when a matter Is subjudice, it means that there Is an end to the discussion, such matter cannot be discussed in either the press or the public and parties thereto are expected to stay all actions and anticipate its determination by the court.

“Thus, carrying out further actions whether in the guise of investigation or for any other non-judicial purpose is forbidden as the matter Is sub judice.

“We therefore beseech you to stay all actions on our client pending the hearing and determination of the suit.

“In any event, we are of the firm opinion that the House of Representatives lacks the vires to exercise its oversight functions pursuant to Sections 88 and 89 of the Constitution over our client as being stretched in your summons.

“The powers donated to the National Assembly in Sections 88 and 89 of the Constitution only relate to matters on which they exercise their powers of appropriation. Our client is a private entity without government funding.

“We are also in doubt that the National Assembly has the vires to investigate criminality of the nature inventoried in the subject under any law in Nigeria.

“We, therefore, urge the Committee to stay all actions on this purported hearing pending the hearing and determination of the suit filed by our client; not to take actions that would be contemptuous and force a fait accompli on the court.”

Abuja Firm queries House of Reps’ power to probe cases pending in court