Says it’s in public interest
By Ezrel Tabiowo and Taiye Odewale,
Abuja
The ego war between the Legislature and the Presidency continued yesterday as the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami (SAN), yesterday declared before the Senate that the ongoing trial of the Senate President Bukola Saraki, his Deputy, Ike Ekweremadu and two others for alleged forgery, would be prosecuted to its logical end in the overall interest of the public.
And rather than having a common front, the senators were openly divided when Malami appeared before the Senate Committee on Judiciary, Human Rights and Legal Matters, led by Senator David Umaru.
Explaining his position on the trial before the committee, Malami said the case arose from a violation of Section 60 of the 1999 constitution as amended, in the alleged amendment of the 2015 Senate Standing Rules.
According to him, the way and manner the amendment of the 2015 Senate Standing Rules was carried out , were not in compliance with the provisions of Section 60 of the 1999 constitution in procedures and proceedings, the basis upon which, he said, the case was filed and being prosecuted.
He explained further that rather than serve as an imminent threat to democracy as claimed by the Senate in its resolution of 21st of last month, upon which he was summoned, the trial was instituted to sustain democracy.
Malami said: “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 (Amended) states that the National Assembly shall have powers to regulates 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 as Senate has powers to regulate its procedures, any rule that did not follow the processes as stated above is a breach.
“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”.
Section 60 (1and 2) states thus: “Subject to provisions of this constitution, each House of Parliament may regulate its own procedure. Each House of Parliament may act, notwithstanding any vacancy in its membership (including any vacancy not filled when the House first meets after any dissolution of Parliament) and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House shall not invalidate those proceedings”.
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.
Efforts made by the Committee Chairman, Senator David Umaru ( APC Niger East) and some other committee members to impress on him that the trial amounted to interference in the internal affairs of the Senate, proved abortive as the AGF, for fear of subjudice, declined further comments.
Despite Umar pointing out that that the names of Senate President and his deputy were not mentioned in the petition and the written statements of any of the 14 witnesses, the AGF kept mum.
This was even as some members of the committee pitched 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 bothered about the forgery case.
According to him, the submissions made against it by some of his colleagues were merely their personal views, since according to him, Senate’s resolution believed by them to have authenticated the alleged amendment, does not have retroactive effect.
“A resolution of the Senate in the eye of the law, cannot retroactively validate or authenticate anything done before it”, he said in a submission that got other members infuriated.
Countering his position, Senator Chukwwka Utazi (PDP Enugu North) openly requested the committee chairman to call Omoworare to order, “shouting ” Go to the side of the AGF, You are not with us here!”
