Senate: Issues in withdrawal of forgery case

Issues in the withdrawal of the alleged forgery of senate standing rule against President of the Senate, Dr Bukola Saraki and deputy senate president, Chief Ike Ekweremadu, are being unearthed as TAIYE ODEWALE examines the curious development

As it has always been in the life of an individual or group of individuals, for turning points to take place from bad to good or troubles to peace at any given time, so it seems to be for the 8th Senate under the bi-partisan leadership of Senators Bukola Saraki (APC Kwara Central) as Senate President and Ike Ekweremadu (PDP Enugu West) as Deputy Senate President courtesy of withdrawal of forgery case against them and two others by the federal government penultimate week.

Saraki and Ekweremadu along with the immediate past Clerk to the National Assembly, Alhaji Salisu Maikasuwa and Deputy Clerk, Mr Ben Efeturi, were in June this year on the strength of petition written against them by some serving senators,  dragged to court by the Attorney-General of the Federation and Minister of Justice, Abubakar Malami on behalf of the federal government, for allegedly forging the 2015 Senate standing rules used for the inauguration of the 8th senate on the 9th of June 2015, upon which the processes or elections  that produced them   as President  and Deputy President of the Senate respectively, were carried out.
An action that made the Senate ordered the Attorney –General to appear before its Committee on Judiciary, Human Rights and Legal Matters for questioning on the strength of a motion brought to that effect by Senator Dino Melaye (APC Kogi West), a staunch supporter of Saraki.
Melaye in the motion titled: “ Imminent Threat to Our Democracy as it relates to the alleged invitation of our presiding officers by a court of law in Abuja”, submitted thus: “  that the Senate Standing Rule 2015  used for the inauguration of the 8th Senate on the 9th of June last year, was not forged but authentic in all its ramifications, saying “ if it is considered as a forged document, then all legislative actions taken so far with the document are forged, like  the 2016 budget approval, confirmation of Ministerial nominees , screening and confirmation of INEC Chairman etc.
“That the abuse of office of the leadership of the National Assembly by the executive arm of government through intimidation and harassment,  was unacceptable and would not be tolerated.
“That it was regrettable that the executive arm of government has presently constituted, is yet to come to terms with the constitutional tenets of separation of powers and the independence of the legislative arm of government.

“That the   attempt to arraign its leadership over an internal matter by spuriously claiming a forgery that does not exist, is a smokescreen for an impending attempt to overthrow the legislative arm which will be strongly resisted .
“That the  senate is disturbed that instead of attending to the myriads of problems confronting the nation including the escalating cost of living, upsurge in  extremism, worsening insecurity, rising ethnic divisions, skyrocketing unemployment, declining national productivity and a nose diving economy into recession, the executive continued to be hell-bent on chasing rats while the federation burns”.
The matter even  got worse in July this year when the Attorney-General appeared before the Senate Committee on Judiciary, Human Rights and Legal matters over his insistence then, that the forgery trial would continue and has nothing to do with the senate as a body but with individuals alleged to have forged its 2015 standing rules as it relates to procedure of conducting election for its presiding officers.
Malami at the appearance before the committee submitted thus: “Rather than serve as imminent threat to democracy as declared by the senate in its resolution of 21st of June 2016, upon which I’m appearing before you today, the trial was instituted to sustain democracy.
“I wish to state that I have a clear obligation to do whatever that can possibly be done to sustain democracy.  Section 60 of the 1999 Constitution as amended,  states that the National Assembly shall have powers to regulate its own procedure.  If the procedure in question was not followed, then it does not fall within section 60 of the constitution.
“ When the need for amendment of the Senate Rules arose in 2011, the senate conducted a proceeding and passed resolution for amendment.
The 2015 rule as allegedly amended did not pass through the traditional way of doing things. That is where the inherited investigation and now criminal case comes into being.
“In as much a senate has powers to regulate its procedures any rule that did not following the processes as stated above is a breach. Thus, the need to prevent abuse behooves on me.

The parameter, arising from the breaching of section 60 is to ensure that I take logical criminal step to ensure things are done within the constitutional provision”.
He added that the Senate as an Institution is not a party to the case before the court and that Bureaucracy was not in any way contemplated by the provisions of section 60 of the constitution on amendment procedure of the senate standing rules.
This was even as divisions within the senate then arising from the bi- partisan leadership played itself out with some members of the committee pitching their tents with the AGF on the case, leading to open disagreement among them.
Specifically Senator Babajide Omoworare ( APC Osun East), openly declared at the session that he was not bordered about the forgery case and that submissions made  against it by some of his colleagues  were merely their personal views , since according to him, senate resolution believed by them to have authenticated the alleged amendment, does not have retroactive effect.
According to him, “ a resolution of the senate in the eye of the law, cannot retroactively validate or authenticate anything done before it”.

A submission that made some other members like Chukwwka Utazi (PDP Enugu North) to openly requested the Chairman to call Omoworare to order, “shouting “ Go to the side of the AGF, You are not with us here!”.
But such divisions among Senators are no longer noticeable again as all fault lines within and across political parties seem to have  been collapsed into one and only 8th Senate of the federal republic of Nigeria under a bi-partisan leadership that can be said to have been consolidated with the withdrawal of the forgery case against it, more so, with the likes of Senators  Kabiru Marafa (APC Zamfara Central) now Chairman, Senate Committee on Petroleum (Downstream), Suleiman Hunkuyi (APC Kaduna North), Abu Ibrahim, (APC Katsina South) etc, joyfully and cheerfully participating in senate proceedings now, as against their siddon look posture of the past on account of their earlier misgivings over the bi-partisan senate leadership.
Arguably the forgery case withdrawal against Saraki and Ekweremadu by the federal government with its   attendant new   dispositions of senators to one another within and across party lines now, is no doubt, a remarkable turning point for the 8th senate under an elected  bi-partisan leadership, the first of its kind in the present democratic dispensation.

 

The forgery case withdrawal against Saraki and Ekweremadu by the federal government with its   attendant new   dispositions of senators to one another within and across party lines now, is no doubt, a remarkable turning point for the 8th senate