Barring the passage of a law, the National Assembly had no legal basis to direct government’s holding company NICIL and a motion approved by APNU and AFC in 2012 was not legally enforceable, according to advice given to NICIL in 2013 by attorney Ronald Burch-Smith.
“The National Assembly by Resolution No. 32 of 2012 has offered an opinion on how it views the decision making process or decisions made by the Executive. It is free to do so. Its opinion does not have the force of law and does not compel any compliance by NICIL or AHI or indeed the Minister, as an appointee of the Executive,” Burch-Smith wrote.
“For the National Assembly to cause a legally enforceable direction to be given to NICIL and AHI, it would have to
