Forgery: You are on trial, not NASS, FG tells Saraki, Ekweremadu

 No, we are the target – Senate

By Abdullahi M. Gulloma, Ezrel Tabiowo and Taiye Odewale, Abuja

The federal government yesterday clarified some perceived grey areas in the ongoing prosecution of the Senate President Abubakar Bukola Saraki, his deputy, Ike Ekweremadu and two others, saying the individuals involved are on trial and not National Assembly as an institution.
But the Senate maintains that the position is untenable, saying the real target of the ‘persecution by the executive’ is the legislative body, to achieve what it calls a forced change of leadership.
The trial of Saraki, Ekweremadu, former Clerk of the National Assembly, Salisu Abubakar Maikasuwa and his erstwhile deputy, Benedict Efuturi, commenced on Monday at a Federal Capital Territory High Court, sitting in Jabi, Abuja.

The quartets, who are being arranged on a two-count charge of conspiracy and forgery, were, however, granted bail by the trial judge, Justice Yusuf Dahiru, after exhaustive arguments between the prosecuting and defence counsel.
And not long after their bail, the two lawmakers in their separate statements, spewed at the All Progressives Congress-led government of Muhammadu Buhari, accusing it of lacking respect for the principle of separation of power and undermining the legislature as a democratic institution.
According to them, the ongoing trial is not about them as individuals but the institution of the legislature.
Ekweremadu took the notch higher by taking their case to the international community, as he specifically called for the intervention of the Unites States of America, the European Union as well as other international bodies to save the nation’s legislature.
Dismissing this as misplaced, Secretary to the Government of the Federation, Mr. Babachir David Lawal, yesterday insisted that the legislature was not being trampled upon as claimed, but that only Saraki and Ekweremadu, as accused persons, were on trial.
Rather than crying hoarse, the SGF urged the duos, and indeed Nigerians, to allow the judicial trial of the case run its full course.

The statement reads: “Since the arraignment of the President of the Senate, Senator Bukola Saraki and his Deputy, Senator Ike Ekweremadu before the Federal Capital Territory High Court on Monday, June 27, 2016, the two leaders of the Senate, have issued two separate press statements conveying messages that are far from being complementary to the person and government of President Muhammadu Buhari. “Senator Saraki in his statement clearly insinuated that Mr. President is not in control of his administration and that a cabal now runs the federal administration.

On the part of Senator Ekweremadu, he insists that President Buhari is exhibiting dictatorial tendencies that can derail our democracy.
“From their statements, the two leaders of the Senate also gave this erroneous impression that by their arraignment, it is the entire Senate and indeed, the Legislative Arm of Government that is on trial. They want the public to believe that their prosecution is utter disregard by the Executive Arm of government, for the constitutional provisions of separation of powers and that preferring the forgery case against them is a vendetta exercise.
“Since this case is in court, the Judiciary should be allowed to do its job. However, it is important to emphasize that this case involves only the four accused persons and should not be presented to the unsuspecting public as involving the entire Senate of the Federal Republic of Nigeria.
“The complaint leading to the forgery investigation was reported to the Police by some aggrieved Senators who specifically accused certain persons.

It is not the Senate of the Federal Republic of Nigeria that is involved and definitely not the House of Representatives. To bring the National Assembly as a body into this court case, is totally unwarranted. It can only be for other purposes and reasons outside the investigation and legal proceedings.
“A case of forgery is usually preferred against individuals. This is not different. As was the case with a former Speaker of the House of Representatives, who was accused of certificate forgery, what he did was to resign, honourably. The matter did not even go to court. In that particular case, it was never orchestrated as a matter for the National Assembly. The individual involved did not drag the entire Legislature into the matter.
“Meanwhile the separate statements by the Senate President and his Deputy are indeed contradictory. While Senator Saraki believes Mr. President has abdicated his powers and that a cabal is in charge of Federal Administration, Senator Ekweremadu says President Buhari has become a dictator.
“Our democracy is still evolving and being deepened. The provisions of the separation of powers are entrenched in our Constitution and should guide everyone in our conduct

. The rule of law is indeed supreme. This particular case is before the judiciary and is not being decided by the Executive Arm of Government. All that has transpired is still within the confines of our laws.
“These are the rights to accuse, to be investigated and be arraigned before the court. To impute other considerations to the process is unfortunate. We should allow the process to take its course, in consonance with the dictates of the law and total obeisance to the cardinal democratic principle of the separation of powers.”
Countering the federal government’s position, the Senate said the SGF got it wrong, insisting that the legislative body is the target of attack.
In its claim, the body said neither Ekweremadu nor Saraki, was mentioned by the petitioners in the alleged forgery case.
Senate’s spokesman, Senator Aliyu Sabi Abdullahi, made the position known in a late night statement yesterday.

It reads: “We note the statement issued by the Secretary to the Federal Government, Mr. David Babachir Lawal that the Senate is not the one on trial in the Forgery case instituted by the Attorney General of the Federation against the Senate President and his Deputy.
“We disagree with him on this position and we maintain our earlier stand that it is the Senate that is the target of the present attempt to intimidate the legislature to force a leadership change in the Senate.
“Mr. Babachir Lawal should tell us how reasonable it is, to conclude that when the President of Nigeria and the Vice President are being jointly tried in a suit whose outcome can remove them from office, it is not the Buhari Government that is being targeted.
“It is also imperative to clearly state that contrary to the claim by the SGF, neither the Senate President, Dr. Abubakar Bukola Saraki nor Senator Ike Ekweremadu were mentioned by the petitioners, the statements by those interviewed by the police or even the police report.

“Meanwhile, let us re-freshen Mr. Lawal’s memory about the facts of the 1999 case. It is obvious that the Senate President and his deputy are not being accused of certificate forgery as it happened in ex-Speaker Salisu Buhari’s case. Therefore, nobody should compare an apple with orange. Also, neither Saraki nor Ekweremadu is below the age requirement for their present position as it was alleged in the Buhari case. Attempts to make the two situations look similar is to present all Nigerians as having no sense of history.

“We also know that nobody can be accused of forging his own signature. The executive is in no position to determine what is the correct Standing Orders of the Senate. The Senate President and his Deputy were, as at the morning of the June 9, 2015 inauguration of the Senate, mere Senators-elect and could therefore not have been in a position to influence any alteration in the rule book.
“The Senate as an institution, and indeed the National Assembly, has spoken about their understanding of the present assault on their independence by the executive. We maintain that this trial is a design by the Executive to criminalize the internal affairs of the Senate to create a distraction for the leadership of the Senate, force a leadership change and cow the legislators.
“Those behind this plot find this trial more expedient and important than finding tangible solutions to the multi-various socio-economic problems bedevilling the country. However, we are sure they will fail in this attempt. We only hope they will allow the judiciary to truly and creditably perform its duties and give independent verdict on the case”.