Why Saraki, deputy must face criminal charges – Malami

Senate President, Bukola Saraki

Niyi Odebode, Sunday Aborisade and Ade Adesomoju

 The Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), on Thursday defended the charges preferred  against the President of the Senate, Bukola Saraki, and his deputy,  Ike  Ekweremadu, for allegedly forging the Senate Standing Order 2015.

The minister, in a statement in Abuja by his Special Adviser on Media and Publicity, Mr. Salihu Isah, said the allegation by the Senate, suggesting that the charges preferred against Saraki and his co-accused persons amounted to a coup against the Senate, was “totally untrue and baseless.”

Isah’s statement was a reaction to a statement by the Chairman, Senate Committee on Media and Public Affairs, Senator Aliyu Abdullahi, on June 19, 2016, alleging that the forgery case amounted to “an unconstitutional violation of principles of separation of powers, checks and balances.”

He said the minister acted within his powers under Section 174 of the Constitution and the charges preferred against the accused persons were based on the recommendations of the Inspector-General of Police.

He also said it was untrue that the forgery of the Senate rules was an internal affair of the Senate.

Justice Yusuf Halilu of a High Court of the Federal Capital Territory, Jabi, Abuja, had, on Tuesday, fixed June 27 (Monday) for the arraignment of Saraki, Ekweremadu and the other two co-accused persons on two counts of criminal conspiracy and forgery of the Senate Standing Rules.

The two other co-accused persons are a former Clerk of the National Assembly, Salisu Maikasuwa, and the then Deputy Clerk of the National Assembly and now the Clerk, Bernard Efeturi.

Defending the arraignment of Saraki and others, the AGF also reminded the Senate that its presiding officers were not under any immunity from prosecution.

The statement stated, “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.”

The minister added, “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 persons for alleged forgery after a thorough police investigation of the issue, whether there was an amendment to the Senate Standing Rules in 2015 or not.

“The case of Adesanya vs Senate, which has been seriously touted in its (Senate) press statement does not support them and they should rather take their plea and defend the action accordingly.”

Senate, AGF meeting fails to hold

Meanwhile, the meeting between the Senate Committee on Committee on Judiciary, Human Rights and Legal Matters and the AGF failed to hold on Thursday.

The Senate had, at plenary on Tuesday, after a two-hour closed session, summoned Malami over the planned prosecution of Saraki and Ekweremadu for the alleged forgery of the Senate Standing Order 2015.

Responding to one of our correspondents’ enquiry on Thursday, Malami’s Special Adviser on Media and Publicity, Isah, said the AGF mandated the Senior Special Assistant to the President, Okoi Obono-Obla, to represent him before the Senate Committee.

According to Isah, the minister got the Senate’s invitation very late on Wednesday and asked Obono-Obla to appear before the committee to request a fresh date.

He said, “It is not true that the minister shunned the Senate. We got the Senate’s invitation very late on Wednesday. In fact, the invitation came after the close of work.

“So, the minister had to send the Senior Special Assistant to the President to represent him at the Senate.

“The representative of the minister met with the committee members today (Thursday). So, it is not true to say the minister shunned the senate.”

When asked further about the details of the proceedings at the Senate, Isah said he had yet to be briefed on it.

But another source in the ministry confirmed to The PUNCH on condition of anonymity because he did not have the authority to speak to the media on the issue that Obono-Obla met with the committee members on Thursday.

According to the source, SSA met with the Senate committee chairman and some members in the committee’s hearing room, saying the interaction was informal.

“There was no formal meeting because the minister’s representative only asked for an adjournment because of the short notice of the invitation.

“The minister’s representative only told the committee members that the time given to the minister by the Senate to put in his response was too short,” the source stated.

The Chairman of the Senate panel, David Umaru, could not be reached as of the time of filing this report to find out  why the meeting did not hold.