Why Criminal Case was Filed Against Saraki & Ekweremadu - AGF Malami Finally Appears Before Senate

The Chief Justice of Nigeria and Attorney General of the Federation (AGF) Abubakar Malami, finally honoured the senate's invitation today where he explained why the Senate President, Bukola Saraki and his deputy, Ike Ekweremadu, were being tried for alleged forgery of senate standing order which brought them to their positions in the upper chamber.

 

Speaking at the hearing, Justice Malami explained to lawmakers of the Senate Committee why he could not honour the last two invitations.

 

"My inability to attend was out of sheer circumstances not out of disgust for Senate. I am known for a tradition of honouring invitations," he said.

 

While addressing issues on the alleged forgery of senate standing order, Justice Malami said the allegation predates him as the police had carried out an investigation into the matter in July 2015 and had come up with their conclusion, adding that he was appointed a Minister in November same year and acted on the criminal cases forwarded to him by the police, one of which is the alleged forgery of senate order.

 

He explained that the criminal suite with reference number FHC/ABJ/CS/646/ 2015 was filed on July, 23 2015 alongside a report of the concluded investigation by the police.

“I was appointed on the 12th day of November 2015, that is precisely about four months. As at the time I came to office, the report was concluded. The case was instituted before the court for the sustenance of the rule of law but not in any way to truncate the democratic process,” he said.

 

Justice Malami said that the senate standing order being contested was never deliberated upon by the house which is against the house rule. He referred to a scenario when there was a need to amend the Senate Rules on 18th May, 2011.

 

According to him, there was a process of deliberation. He noted that a Standing Rule that has not been deliberated and voted on by the Senate cannot be the Standing Rule. He stressed that based on the non-adherence to the Constitution in amending the Standing Rules, his office filed the case, adding that the criminal case was filed to curb abuse of institutional governing documents.

 

He stated further that the senate standing orders 2015 amendment did not pass through the traditional procedure, adding that if the standing orders did not come through the right procedures, it becomes criminal, which is in breach of section 60 of the Nigerian constitution.

 

Responding, the chairman of the senate committee, Senator David Umaru, said there was no need to have singled out Saraki and Ekweremadu for trial since the police investigation report did not mention them as those behind the alleged forgery.

 

"Did it make any difference to you that Bukola Saraki and Ekweremadu were not mentioned in the investigation?," he asked. 

 

Another member of the committee, Senator Utazi, cited Section 30 of Legislative Powers Act which states that the Senate President and Speaker cannot be investigated.

 

"I wish to refer the AGF to Section 64 (1) which dissolves the Parliament after 4 years. In 2011, the Parliament exercised its powers to amend the documents that were handed to them by the bureaucracy. This Senate has authenticated it's Standing Rules. You can't import what happened in 7th Assembly into 8th Assembly. Rules are dissolved at the end of the session," he said.

 

Another member of the committee, Senator Lidani, said it will be a disservice to try Saraki and Ekweremadu since they were not mention in the proof of evidence filed in the police report

 

"From the Proof of Evidence filed, where were the Senate principal officers mentioned in the case? We will be doing ourselves a great disservice if the 2 principal officers who were not mentioned in the proof of evidence are brought up on frivolous charges. We should be careful not to taint the institution," he said.

 

The committee had no further deliberation. They thanked Malami for honoring their invitation.