The past couple of weeks have witnessed the 8th Senate engulfed in power struggle, intrigues of unusual kind and culminating in not so exciting dramas. From the controversial emergence of Senate leadership to the current confusion over forgery of Senate rules allegation against Senator Ike Ekweremadu following his emergence as Deputy Senate President on the platform of the opposition Peoples Democratic Party. Against this backdrop, EZREL TABIOWO analyses the back and forth arguments, as well as the effect of Ekweremadu’s defence.
Deputy Senate President, Ike Ekweremadu (PDP Enugu West) along with the Clerk of the National Assembly, Alhaji Salisu Maikasuwa, were both last week in the middle of a controversy which dominated the media following allegations levelled against them by the Police over forgery of the Senate Standing Rules used for the inauguration of the 8th Senate on June 9, 2015.
Recall that Ekweremadu, based on provisions of the rules, was elected through secret balloting by 54 out of 76 senators present, as Deputy Senate President of the 8th Senate about 30minutes after the emergence of Bukola Saraki (APC Kwara Central) as President of the 8th Senate.
Senators Ike Ekweremadu and Ali Ndume (Borno South) were separately nominated to contest for the position of Deputy Senate President, following Saraki’s emergence as the leader of the upper chamber, upon which they were voted for through secret balloting by 75 out of 76 senators present with Ekweremadu emerging with 54 votes and Ali Ndume scoring 20 votes.
Senators belonging to the All Progressives Congress (APC), particularly members of the Senate Unity Forum consisting of 33 lawmakers, kicked against Ekweremadu’s emergence as Deputy Senate President on grounds that his election was illegal.
The Senators who missed the inauguration ceremony of the 8th Senate were supporters of Senator Ahmad Lawan (APC Yobe North), and had gone to attend a meeting at the International Conference Centre (ICC) purportedly called by President Buhari for last minute effort at uniting the 59 senators belonging to the party.
A week after the inauguration of the 8th Senate, Kabiru Marafa (APC Zanfara Central) in a submission to that effect on the floor of the senate drew the attention of his colleagues to what he called serious breach of the Senate Rule through illegal amendment of the Rule.
The lawmaker informed senators during plenary that the 8th Senate had been operating an amended version of the 2011 rule called “Rule 2015” without a valid amendment process as provided by the Rules.
According to Marafa, there was never a time the 7th Senate amended the rule to include secret balloting as contained on the 2015 version.
He said: “Mr President, like I said, the events as we witnessed on the 9th of June, especially as it regards the election of the Deputy Senate President were null and void because they were not in consonance with the provisions of the Standing Orders of this Senate. And if you say we are going to use the Senate Standing Orders of 2015, then we need explanation as to who and who changed our Senate Rules without recourse to Order 110.”
But in a swift response,Deputy president of the Senate, Ike Ekweremadu, explained how the 2015 rule came into being.
He said: “I would like to offer explanation to my friend, Senator Marafa. He’s just four years old in this Senate. Some of us have been here for 12 years. From 1999 till date, this Senate has come up with its own rules. There was Senate rule of 1999, 2003, 2007, 2011 and now 2015. The reason is quite simple. If you look at Section 64 of the 1999 Constitution it says that the Senate and House of Representatives shall each stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the house.
“So, the implication is that the rule he was referring to ended with the Senate on the 6th of June. That is why we had Senate Rule Book of 1999, 2003, 2007, 2011 and now 2015. If he’s seeking to amend any Senate rule, he can only amend the existing one which is the one for 2015. So, between now and 2019, this particular rule will govern us and can be amended in the manner he’s suggested.
‘In 2019, we are going to have another Senate Rule of 2019. That has been the process and procedure since 1999. And it is based on the provisions of the Constitution.”
Accordingly on the said day, the Senate President, Bukola Saraki ruled Marafa out of order by insisting that the senate rules 2015 used for the inauguration of the 8th Senate and upon which the election that produced the Deputy Senate President was conducted, is the standing order the 8th Senate recognizes and not a product of forgery.
He said: “Distinguished Senator Marafa raised a Point of Order. And I think there are two issues he raised in his point. One, there’s only one rule book before us. That is Senate Standing Order 2015 (as amended). The second issue you raised about 9th of June where by virtue of our actions, I will refer you again to Order 53 (6) which says that it shall be out of order to attempt to reconsider any specific question of which the Senate has come to a conclusion during the current session. And bringing that matter again goes in contrary to Rule 53 (6). On this note, I will have to unfortunately rule you out of order on that matter.”
The 2015 Senate rule on the election of the Senate president states: “Voting shall be conducted by the clerk at-the-table using division list of the Senate with the tellers in attendance. The Clerk of the Senate shall submit result of the division to the Clerk of the National Assembly.”
However, the new Senate rule stated: “Voting by secret ballot which shall be concluded by the clerk-at-table using the list of the Senators-elect of the Senate, who shall each be given a ballot paper to cast his vote, with the proposers and seconder as tellers.”
Apparently failing to get what they wanted on the floor of the senate on the said day, the 33 aggrieved APC senators under the aegis of Senate Unity Forum, took their battle to the Police through a petition forwarded on their behalf by the secretary of the forum, Senator Suleiman Hunkuyi ( APC Kaduna North) to the Inspector General of Police (IGP), Solomon Arase.
The petition reads: “We write to bring to your attention, the existence of the fraudulent introduction of a 2015 Senate Standing Rules, as amended. We wish to attach the original and authentic Standing Order for 2011 that was used by the 7th Senate, Annexure A.
“We again annex here a purported amended Standing Orders 2015, which was used by the Clerk to the National Assembly (along with the Clerk of the Senate) in inaugurating the 8th Senate on June 9, 2015, Annexure B.
“The so called new Standing Orders purport to allow for secret instead of the open ballot system that has been prevalent in all Senate elections as permitted by the extant rules.”
“In the group’s opinion, it was an infraction considered fraudulent and so the group disapproved of its usage. This infraction, among others arises from the fraudulent production of the Rules without an approved consideration by the 7th Senate.
“At no time was the Standing Orders of the Senate amended during the entire life of the 7th Senate neither has the 8th Senate sat for long enough to produce the rules now being circulated and in use.”
“We hereby on the basis of the foregoing, call for the arrest and prosecution of the perpetrators, after your good offices must have carried out thorough investigation of the criminal act with a view to bringing to justice all persons who may have been responsible for this fraud which has led to the undue political crises and abnormalities in the politics.
“While you carry out your job in sanitizing the system, please, be assured of our esteemed regards.”
Little wonder that the police in the course of carrying out actions on the petition, stormed the National Assembly this week to quiz the clerk on how the amended or allegedly forged Senate standing rules came into been, the report of which , was said to have been submitted to the IGP two days ago , upon which the Deputy Senate President may be invited for questioning and possibly prosecuted.
But Ekweremadu, while challenging the forgery allegation levelled against him, had in a statement issued last week declared that he cannot be intimidated in anyway by people he called desperate politicians.
Ekweremadu in the statement issued by his media aide , Uche Anichukwu, said since the news broke out of his purported invitation by the Police on Sunday, he has received calls from numerous Nigerians across regional and political divides, expressing their solidarity and calling on all and sundry on the need for protection of independence of legislature.
He assured all Nigerians and concerned members of the international community that everything is under control and that all democratic steps are being taken to preserve the nation’s democracy and protect the independence of the legislature.
The statement reads: “The Deputy President of the Senate, Senator Ike Ekweremadu, has received numerous calls and messages from well meaning Nigerians, elder statesmen, Governors, Distinguished Senators and Honourable Members of the House of Representatives across party lines, concerned members of the international community, youth and women organisations, royal fathers, and Civil Society Organisatons, among others, who have continued to express utter dismay and concern over the unfolding drama in which his life and liberty are being threatened by desperate politicians.
“Senator Ekweremadu wishes to assure all Nigerians and concerned members of the international community that everything is under control and that all democratic steps are being taken to preserve the nation’s democracy and protect the independence of the legislature.
“The Deputy President of the Senate further wishes to assure Nigerians that necessary steps are being taken by the security agencies to beef up security around him.
“He appreciates the nation’s security agencies for their professional handling of the situation so far, and acknowledges with a deep sense of gratitude the numerous youths across the country who have volunteered to provide additional security around him.
“In all these, however, let it be known that no amount of intimidation or harassment will deter Senator Ekweremadu from carrying out the constitutionally prescribed duties, which on June 9, 2015, PDP and APC Senators willingly elected him in the full glare of the world”.
However, given ongoing investigation into the matter, the events of the next few months will determine whether or not those behind Ekweremadu’s predicament may have shot themselves in the foot with the written petition to the police.
