A Week of Intrigues in the Senate
For the Senate, last week was a week of intrigues as senators moved to assert the independence of the legislature, reports Omololu Ogunmade
This last week in the Senate was full of episodes. It began with criticism of the government of President Muhammadu Buhari by the Senate over moves by the federal government to arraign Senate President Bukola Saraki and Deputy Senate President Ike Ekweremadu for alleged forgery of Senate Standing Orders 2015.
The Genesis
The Senate Standing Orders 2015 was alleged to have been forged by Saraki and some principal officers of the seventh Senate in alleged connivance with the management of the National Assembly ahead of June 9, 2015 elections of Senate’s presiding officers.
The document was allegedly forged with the intention to change the Order for the election of presiding officers of the chamber from hitherto open ballot system to secret balloting. The alleged forgery was said to have been spurred by complaints from some senators that going by the Order on voting, they would be unable to vote for their choices of presiding officers because of party leaders who would monitor the election to know who voted for whom.
The forgery was therefore allegedly done to hide the identities of senators during the elections.
Against this background, Saraki, Ekweremadu, immediate past Clerk of the National Assembly, Salisu Maikasuwa, and incumbent Deputy Clerk, Benedict Efeturi, were charged to court for alleged forgery by the federal government. Before the charge, the Nigeria Police had in a letter addressed to the Clerk of the National Assembly, invited Ekweremadu, former Senate President David Mark, former Senate Leader Victor Ndoma-Egba, former Rules and Business Committee Chairman, Ita Enang, and the committee’s immediate Clerk, Dr. Nma Ogozy, along with Maikasuwa and Efeturi for interrogation.
The letter of invitation for interrogation by the police had excluded Saraki but when the matter was eventually charged to court, Mark, Ndoma-Egba, Enang and Ogozy, were left out while Saraki who was not on the initial invitation list was charged along with Ekweremadu, Maikasuwa and Efeturi.
Senate Cries Foul
In a strong worded statement issued by the Chairman of Senate Committee on Media and Public Affairs, Senator Aliyu Sabi Abdullahi, last Sunday, the Senate cried wolf, saying Nigerian democracy was being endangered by the attempt by the executive to muzzle the legislature and criminalise legislative processes in its desperate bid to forcefully change the leadership of the National Assembly. Sabi lamented that Nigeria had returned to the era of impunity and flagrant disrespect for due process “which we all fought to abolish.”
He urged Buhari to call the Attorney-General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami, to order, pointing out that Senate voted freely to elect its leadership into office “and continuing attempts to change that leadership through the wanton abuse of judicial processes cannot stand in the eyes of the world.”
He added: “It is clear that the Attorney-General and party leaders behind this action either lack the understanding of the underlining principles of constitutional democracy, the concept of separation of powers, checks and balances and parliamentary convention or they just simply do not care if the present democracy in the country survives or collapses in their blinded determination to get Saraki and Ekweremadu by all means necessary, including abuse of office and sacking the Constitution of the Federal Republic of Nigeria.
“The Nigerian people have enough economic hardship at this time requiring the full attention and cooperation of the three arms of government, instead of these attempts to distract and politicise governance. We are in a state of economic emergency such that what the National-Assembly needs at this time are executive bills and proposals aimed at resolving the crises of unemployment, currency depreciation, inflation, crime and insecurity. What the National Assembly needs now are executive bills to build and strengthen institutions to earn revenues, fight corruption and eliminate waste.
“Instead, we are getting hostile actions aimed at destabilising the National Assembly, distracting senators from their oversight functions and ensuring good and accountable governance. We must make it clear here to the individuals in the executive arm and party leadership behind these plots not to mistake the maturity and hand of co-operation being extended to the Presidency by the legislature as a sign of weakness.”
Planned Arraignment Foiled
Notwithstanding Senate’s criticism of the executive, the federal government proceeded with its plan to arraign the accused persons on Tuesday, June 21. But the plan was aborted as the accused persons were not found in court following claims that they had not been served any notice of arraignment.
Against this background, the Judge of the Federal High Court of the Federal Capital Territory (FCT), Jabi Division, gave an order for substituted service as a result of the claim of the court bailiff that he had found it difficult to serve the accused persons.
Therefore, in view of the order for substituted service, the notice of arraignment was pasted on the notice board of the National Assembly on Tuesday. According to the notice, the case, with charge number CV/21916, is between the federal government as “complainant applicant” and defendants listed in the following order: Salisu Maikasuwa; Benedict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu.
The notice read in part: “By oral application dated 21st June, 2016 moved by D.E Kaswe, Principal State Counsel FMJ in this case praying the court for an order of this Honourable court granting leave to the complainant application to the complainant applicant to serve the criminal summons on the defendants by substituted means to wit by pasting it at the notice board of the National Assembly, Three Arms Zone and after hearing D.C. Kaswe with A.A. Kaltingo Esq counsel for the complainant/applicant moved the court orally for the above relief.”
Senate Went Wild
While the court process was ongoing on Tuesday, the Senate locked itself in over two hours of closed-door session where it was brainstorming on the new development and the best way to handle it.
In the end, it resolved to move a volatile motion to bomb Buhari and as well summon the AGF to appear before it within the next two days to explain the rationale behind federal government’s decision to charge its presiding officers to court over alleged forgery of Senate rules.
Of course, nobody was found to be better fit to move the motion other than Saraki’s fanatical loyalist, Senator Dino Melaye (Kogi West). Melaye had in one forum, described Saraki as irremovable.
In the motion, he said it was regrettable that the presidency had failed to be concerned about the huge crises and woes of monumental proportion confronting the nation but had instead, concentrated on chasing the shadow by seeking to overthrow the leadership of the Senate at all costs.
“My respected colleagues, this very noble Senate observes further notwithstanding, the maturity and nationalistic commitment of the National Assembly to ensure the survival of our democracy and the enthronement of order and national development through bipartisan initiatives and support for the executive. There remains a grand design not only to distract the National Assembly but to also intimidate it into silence and enthrone a one man rule.
My colleagues, Mr. president, this Senate notes also the lack of respect for judicial decisions and the resolutions of the National Assembly by the executive which is beginning to arrogate itself, unifying powers of the federation. The Senate notes that the current attempt to arraign the leadership of the Senate over an internal matter of the Senate and claims spuriously a forgery that does not exist is a smokescreen for an impending attempt to overthrow the legislative arm.
“This Senate notes further that the judiciary had through several rulings in a recent case suit no AFC/ABJ/CS/646/2015 on the same issue warned the executive arm from treading on the path of criminalising or interfering in the running of the internal affairs of the Senate. This Senate therefore acknowledges the grave implications of this emerging trends which pose threats to the security and continued existence, unity and survival of our dear country. This Senate is aware that the legislature is empowered subject to provisions of the constitution to regulate its own procedures as explicitly stated in Section 60 of the Nigerian constitution which we have all sworn to uphold.
“Mr. president, my colleagues, the Senate is disturbed that instead of applying itself to the myriad of problems confronting the nation including the escalating cost of living, upsurge environment extremism, worsening insecurity, rising ethnic divisions, skyrocketing unemployment, declining national productivity and a nose-diving economy into recession, the executive has continued to be hell-bent on chasing rats while the federation burns,” he said.
AGF Calls the Senate’s Bluff
Eventually, the Senate mandated its Committee on Judiciary, Human Rights and Legal Matters to summon the AGF to appear before it on Thursday, June 23 to explain why he had the effrontery to charge its principal officers to court. But the AGF, perhaps, perceiving that the summons was self-serving, out-rightly ignored the invitation and stayed away.