Minister
of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN)
yesterday advised Senate President Bukola Saraki and three others accused of
forging Senate Order 2011 to defend themselves before the court rather than
blame the executive.
He
was responding to the claim by the Senate that the charge of forgery against
Saraki, his deputy Ike Ekweremadu and two others, amounted to an abuse of the
principle of separation of powers.
Charged
with the Senate president and the deputy Senate president are former Clerk of
the National Assembly Salisu Maikasuwa and Clerk of the Senate Bernard Efeturi
The
senate president and his deputy have no immunity from trial, he said, adding
that forgery of Senate rules cannot be described as an internal affair of the
Senate.
Malami,
in a statement last night by his media aide, Salihu Isah, said it was within
his constitutional powers to initiate criminal proceedings against anybody
where any of the investigating agencies has established a prima facie case
against such suspect.
The
AGF, who faulted the arguments by Saraki and others named in the charge before
the High Court of the Federal Capital Territory (FCT), urged them to go before
the court and explain their roles in the forgery case rather than accusing him
of violating the Legislative arm.
“It
is not in doubt that each arm of government is constitutionally-vested with
distinct powers.
Looking critically at the doctrine of the separation of
powers, it is a practice that exists on a tripod viz, the executive,
legislature and judiciary with clearly distinctive functions and
responsibilities as captured under the Constitution of the Federal Republic of
Nigeria, 1999 (as amended).
“So,
by virtue of this, we are committed to the rule of law and will thus keep to
the tenets of the rule of law as enshrined in a constitutional democracy like
ours.
“The
Office of the Attorney General of the Federation is empowered under Section 174
(1) of the Constitution and vested with the power to undertake and initiate
criminal proceedings in any court of law in Nigeria.
“By
virtue of this power as the Chief Law Officer of the nation, he has simply
initiated criminal proceedings for forgery against the affected principal
officers in the Senate for altering the Senate Standing Rules in the Federal
High Court.
“It
is worthy to note here that the action of the Attorney General of the
Federation can stand the test of any law since he did not act on a vacuum.
“He
acted based on a recommendation by the Inspector General of Police (IGP) who
having fully satisfied investigative procedure arising from the petition, sent
to the Nigerian Police by some aggrieved members of the Red Chambers of the
National Assembly, alleging that the affected officers altered the rules of the
Senate for Dr. Bukola Saraki and Ike Ekweremadu to emerge leaders of the Eighth
Senate of the National Assembly.
“Under
the 1999 Constitution, only the Attorney General of the Federation has the
powers to institute criminal proceedings.
“For
the benefit of doubt, as stated above, there was a petition bordering on
allegations of forgery against the defendants, the petition was investigated by
the police and the police recommended the case for prosecution.
“At
this point, the question is how initiation of criminal proceedings against Dr
Bukola Saraki, Ike Ekweremadu, Salisu Maikasuwa and Bernard Efeturi violated
the principle of separation of powers as contained in the Constitution?
“The
action of the Attorney General of the Federation cannot obviously be said to be
a coup against the National Assembly as the Senate has claimed.
“By
preferring the charge, the accused persons are entitled to fair hearing under
the law while the prosecution is obligated to prove its case against them
beyond reasonable doubts.
“Therefore, the Attorney General of the Federation
has not violated any known law in the land.
Or is the Senate suggesting that
its principal officers, members and staff of the National Assembly are above
the law or enjoy same immunity as do the nation’s President and Governors?
“It
is common knowledge over the years since the nation embraced democratic system
of governance and backed by the current Constitution those elected officers of
government who are exempted from legal encumbrances whether it is civil or
criminal are known to all.
“It
is pertinent to be reminded too, that forgery of the Senate Standing Rules
cannot be described as the internal business of the National Assembly that is
exclusively only in its purview.
“The
Attorney General of the Federation cannot therefore be faulted for his decision
to initiate legal actions against the accused for alleged forgery after a
thorough police investigation of the issue whether there was an amendment of
the Senate Standing Rules in 2015 or not.
“The
case of Adesanya vs Senate which has been seriously touted in its press
statement does not support them and they should rather take their plea and
defend the action accordingly.
“We
assure Nigerians that the Attorney General of the Federation will continue to
be committed to the rule of law at all times.
“On
this particular forgery case, we believe he should rather be commended for his
foresight and political will to carry out his constitutional role to the letter
and not to be vilified under any guise.”
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Politics