A bold and confident Attorney- General of the Federation (AGF), Abubakar Malami, Wednesday stunned senators when he said there was no going back on the forgery case instituted by his office against the Senate President, Bukola Saraki, his Deputy, Ike EKweremadu and two others, insisting their prosecution was in the public interest .
Malami was appearing before the Senate Committee on Judiciary, Human Rights and Legal Matters, after several attempts by the senate to issue a warrant of arrest on him. The AGF justified the action of the Executive saying the accused stood accused of gross violation of section 60 of the 1999 constitution as amended, in the alleged amendment of the 2015 Senate Standing Rules.
He said the alleged amendment of the 2015 Senate Standing rules was carried out was not in compliance with provisions of section 60 of the 1999 constitution in procedures and proceedings. The AGF burrowed into the law books and anchored his argument on the ideals of democracy. He defended his action saying that rather than serve as imminent threat to democracy as declared by the senate in its resolution of 21st of June, upon which he was summoned by the committee, the trial was instituted to sustain democracy.
His words: “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 a senate has powers to regulate its procedures any rule that did not following 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) state 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”.
The AGF stood his ground against entreaties and explanations from the Committee Chairman, Senator David Umaru (APC Niger East) and some other committee members of the committee to convince him that the trial amounted to interference in the internal affairs of the Senate. Rather than engage in further arguments, the AGF reminded the committee that the matter was already before a court and therefore further debate on the matter would be subjudice.
But the AGF got the backing of some senators which showed that not all senators stand with the accused on the matter. Senator Babajide Omoworare (APC Osun East), echoed the sentiment of this group of senators when he said at the session that he was not bordered about the forgery case. He dismissed the submissions made against it by some of his colleagues as their personal views.
“A resolution of the senate in the eye of the law, cannot retroactively validate or authenticate anything done before it”, he told his colleagues. This precipitated a shouting bout among the senators.
