Renewed war in senate over mace theft?

Barely 30 days to the inauguration of the 9th senate, bitterness over its invasion and mace theft, by yet to be apprehended hoodlums last year, resurfaced, signaling renewed war between its leadership and Senator Ovie  Omo-Agege. Taiye  Odewale reports.

April 18 senate invasion

The build up to the seemingly renewed war in senate between its leadership, particularly the Senate President, Bukola Saraki and Senator Ovie Omo-Agege (APC Delta-central) over the invasion of the senate and snatching of its mace on Wednesday, April 18, 2018 by yet to be apprehended hoodlums, started penultimate week when indications emerged that report of the ad-hoc committee set up by the National Assembly to investigate the incident, will be considered before both chambers adjourn sine die.

Na’Allah invasion report

Specifically on Friday, April 26, 2019, Blueprint inclusive the report of the committee headed by the deputy senate leader, Senator Bala Ibn Na’Allah (APC Kebbi South), was said to be ready for consideration by the Senate being the Chamber affected by the invasion on a day Senator Omo-Agege attended the plenary when considered to be on suspension.

The report sources say was to be considered by the senate to serve as deterrent to whoever amongst the current serving senators involved directly or indirectly in the invasion.

A source with clear insights into the report said that some major actors were indicted in the report and that those indicted were recommended for punishment contained in the Legislative Powers and Privileges Act, which recommended a minimum of six months imprisonment for the obstruction of lawmakers in the performance of their legislative duties.

“A number of lawmakers are angered that there should be no reward for those who have one way or the other linked to obstruction and invasion of the assembly. If charges are pressed against them, some of them could serve up to six years in prison, in accordance with the Legislative Powers and Privileges Act, which is in force.

“We have been told by some campaigners that certain persons have been pencilled in for the position of deputy senate president and other positions in the incoming 9th National Assembly.

“The contention is what kind of legislature are we building if we have to reward those who violated the chambers and the legislature and led the mace illegally out of the chambers?

“It is already being canvassed that action should be taken on the report now and the two chambers of the assembly are in unison in this matter”, the source stated.

Again Omo-Agege urges court to stop report

But Senator Omo-Agege as he did last year when the committee invited him to appear before it, got injunction from the court on Monday, April 29, 2019, for stoppage of consideration of the report either by the Senate or the House of Representatives.

Specifically, the injunction granted by Justice Othman Musa of the Federal Capital Territory High Court in Bwari,  restrained senate president Bukola Saraki, speaker Yakubu Dogara, and eight others from considering the report of the National Assembly  ad-hoc committee set up to probe the April 18, 2018 invasion of the senate by some unidentified hoodlums.

According to the Judge, the restraining order shall remain, pending the determination of a suit filed by Senator Ovie Omo-Agege, in which he challenged the legitimacy of the ad-hoc committee constituted by the Senate’s leadership on April 25, 2018 in the wake of the invasion, during which the Senate’s mace was also stolen.

Justice Musa said “Leave is granted to the applicant to serve the 1st – 10th respondents by substituted means, by serving the originating motion and other processes in the suit on any responsible clerk or staff at the office of the Clerk of the National Assembly, at the National Assembly Complex, Three Arms Zone, Federal Capital Territory, Abuja or publishing same processes on any national daily with national circulation.

“Reliefs iii, iv, v, vi are not granted as prayed, in its place, the 1st – 10th respondents are ordered and admonished not to obstruct the cause of justice and abide by the authority in the Supreme Court decision in UBA Plc vs. Ajabule 2011 LPELR 8239 SC and Military Governor, Lagos State vs. Ojukwu.

“To this end, the respondents, their servants, agents, officers, privies, sergeants at arms or whosoever are restrained from taking any further action on this subject matter, and to maintain the status quo as of today, pending the hearing of the originating motion.

“Originating motion and all pending applications are fixed to the 13th day of May, 2019 for definite hearing. Case is adjourned to the 13th day of May 2019 for definite hearing.

Saraki, Dogara, others are defendant

“Listed as 1st to 10th defendants include: The senate president, the speaker of the House of Representatives, the deputy senate president, the deputy speaker of the Senator Ahmed Lawan (senate leader), Senator Bala Na’Allah (chairman, joint ad-hoc committee investigating the invasion of the national assembly on the 18th of April 2018 and the theft thereof of the mace) for himself and on behalf of all other members of the committee.

Others are: Hon. Betty Apiafi (co-chairman joint ad-hoc committee investigating the invasion of the national assembly and the theft thereof of the mace), the clerk of the national assembly, the clerk of the senate and the clerk of the house of representatives”.

Omo-Agege had in the suit marked: BW/M/204/2019 stated that Saraki had before setting up the ad-hoc committee, told the press that he (Omo-Agege) was responsible for the invasion.

He argued that by so acting, the senate president has prejudged the outcome of the investigation by the committee. The senator wants the court to, among others, declare that, by virtue of Section 14(2) of the legislative houses (Powers and Privileges) Act, 2017 it is ultra vires of the power of the respondents and unlawful for them to reprimand or suspend him from service of the legislative house to the end of legislative session which date is on or about Thursday, the 6th day of June. 2019.

He also seeks a declaration that the attempt to try, indict, suspend, humiliate and destroy the political career of the applicant by the respondents and their agents without any verifiable proof of the applicant committing any known offence and without justifiable legal reasons whatsoever is not in accordance with the procedure permitted by law and ipso facto illegal, unlawful and unconstitutional.

Reacting to the suit, one of the serving senators and strong ally of Saraki, Senator Isa  Hamma Misau (PDP Bauchi Central), in a personally signed statement on Wednesday last week, condemned Omo-Agege’s action and accused him of running away from his shadow.

Misau in the statement urged the senate leadership to quickly get the order Omo-Agege got from the court vacated for the required consideration of report of the Ad-hoc committee before the Eight Senate winds down.

He said: “The court cannot stop the legislature from the performance of its constitutional duties. Some hoodlums attacked the senate chamber on live television during plenary and inflicted injury on workers on April 18, 2018.

“The leadership set up an adhoc committee to investigate what happened and recommends measures to prevent a recurrence and months after the committee had submitted its report, a Senator rushed to court when he heard that there was a push for the report to be considered before the life of the present Senate expires.

“He wants to prevent the report of the committee from being considered. In fact, his action has shown the reason why the Senate should actually go ahead and consider the report and act on it, no matter the odds.

“Omo-Agege has dared the Senate. Now, he should face the music. I blame the Senate President, Dr. Bukola Saraki for delaying on the consideration of the report. The Eighth Senate is winding down and the general view of members is that before we leave, all outstanding reports should be considered and acted upon. If Omo-Agege does not have any hidden agenda, why is he seeking to stop the consideration of the report, after all, he was given fair hearing to state his own case before the panel?

“He is probably running helter-skelter now because he wants to become deputy senate president and he knows that if we adopt the recommendation of the committee, the outcome will affect his ambition.

“This is the reason why people should always consider the future implications of their actions”.

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