MBACHU GODWIN NNANNA, takes a look at the renewed rivalry between the Senate and executive over a forgery suit against the senate president and his deputy.The cold relationship between the Executive and Senate manifested last week in its rawness, following a legal action against President of the Senate, Bukola Saraki, his Deputy, EKweremadu, former clerk to the National Assembly, Alhaji Salisu Maikasuwa and outgoing Deputy Clerk, Ben Efeturi, over their alleged involvement in the forgery of Senate Standing Order.The Federal High Court in Abuja, on Tuesday, officially summoned them through a substituted service which was pasted at the corridor along the Senate Presidents office.According to the summon, Saraki, Ekweremadu, Maikasuwa and Efeturi are to appear before the court on Monday, June 27, next week.This comes barely two weeks after the leadership of the National Assembly were hosted by the presidency at the Villa. Even though that meeting had its episode of intrigues, going by Sen. Ben Bruces alleged snob by Buhari which was countered by other senators, that meeting was perceptibly not confrontational.If anything, it was thought of as a parley between the two arms of government, considering that the upper chamber has not enjoyed the best of relationships with the executive since last June when it emerged.However, days after the presidents return from a medical trip, a new chapter in their frosty relationship surfaced. Following the court summons, the planned dinner of the senators with the President scheduled to hold last wednesday at the Villa was put off by the presidency without adducing any reason for the sudden postponement.This sparked speculations that the presidency was not sure whether senators would honour the invitation in view of the renewed confrontation between both arms of government.At the heart of the matter, however, is the debate over whether or not the bureaucracy of the National Assembly has the powers to amend the standing rules before the emergence of every new senate, vis-a-vis a provision in the same document that situated the amendments of its rules on the required forum of senators.This debate, which has raged in the face of the dramatic emergence of Sen. Saraki and Sen. Ekweremadu, against the choice of the APC in the Senate, has since sparked narratives of witch-hunt on the one hand and attempts to evade facing prosecution on the other.Another debate thrown up since the forgery saga emerged is whether or not the action of the executive is in default of the separation of powers as the senate claims.Besides being subjected to diverse narratives, the forgery allegation, which surfaced last year, had also been trailed by an earlier setbacks at a Federal High Court.However upon the revisit of the case, the senate bared it fangs. First, the spokesman of the Senate, Dr Sabi Abdullahi, (Niger North) fired a salvo, accusing the presidency of orchestrated plots, using state instruments and the judiciary, to ease the removal of Senate President, Sen. Dr Abubakar Bukola Saraki and his deputy, Sen. Ike Ekweremadu after several failed attempts to dislodge them from office.Sen. Abdullahi, outrightly accused the executive of intimidating the legislature with a view of making it a rubber stamp or an appendage of the executive, adding it is a plan to return Nigeria to the dictatorial era which we have, as a nation, voted to reject. It is a dangerous trend with grave implications for the survival of our democracy and the integrity of the component institutions.By Tuesday, at plenary, the position of the Senate was taken a notch higher, following a motion sponsored by Senator Dino Melaye (APC Kogi West). Making his motion after the upper chamber rose from a close door session, the angry talking senator, described the purported invitation of the senate president and its deputy to appear before a court as degradation of the office of the senate by the executive.While he stated that there was no forgery of the senate standing orders and wondered where the forgery emanates, he employed the senate to specifically directed its committee on Judiciary, human right and legal matters to within two days (48 hours) summon the AGF, Mr. Abubakar Malami, SAN, to explain alleged abuse of office, incompetence and contempt of court.Raising his motion, he said the Nigerian Senate observed the ongoing systematic degradation and abuse of the office of the leadership of the national assembly by the executive arm of government through intimidation and harassment.This Senate notes regrettably that the executive arm of government as presently constituted is still to come to terms with the constitutional tenets of separation of powers and the independence of the legislative arm of government.The law maker continued my colleagues, Mr president this senate notes also the lack of respect for judicial decisions and the resolutions of the national assembly by the executive which is beginning to arrogate itself, unify powers of the federation.The senate notes that the current attempt to arraign the leadership of the senate over an internal matter of the senate and claims spuriously a forgery that does not exist is a smokescreen for an impending attempt to overthrow the legislative arm.This senate notes further that the judiciary had through several rulings in a recent case suit no AFC/ABJ/CS/646/2015 on the same issue warn the executive arm from trading on the path of criminalising or interfering in the running of the internal affairs of the senate.This Senate therefore acknowledge the grave implications of this emerging trends poses to the security continued existence, unity and survival of our dear country.This senate is aware that the legislature is empowerd subject to provisions of the constitution to regulate its own procedures as explicintly stated in section 60 of the Nigerian constitution which have all sworn to uphold.Melaye also said Mr president, my colleagues disturbed by all this problems, what is paramount concern of the executive is to neutralise the independence of the parliament and create effigy of fear to shut down the demands for accountability by whipping up sentiments trying to create crimes where non exist and divert attention.This very noble and organised Senate observed that this present state of affairs represent the greatest threat to our corporate existence and the greatest rape of our constitution the basis upon which we exercise power.This senate notes with regrets the deviant act of the attorney general of the federation and his office of contentiously disregarding the binding decision of the federal high court without a pending appeal by the police and the attorney general on the same matter in which the federal high court had decided to file charges against the leadership of the national assembly is a gross violation of the attorney general official calling and attempt to overthrow the legislative arm of government and force autocracy on our body quality. Therefore, the senate hereby resolves as followsHe further stated I want to bring to the memory of this senate and remind the executive arm of government that anything that is fake must have original. We therefore begin to ask ourselves where is the original of this counterfeit as suggested by this illegal persecution because what is being done is not prosecution but persecution.I want to remind the executive again that we all sat in this chamber on the 9th of June, 2015. Two days before our resumption I can speak for myself we were invited to come to the national assembly for documentation and when I came for my documentation I was given a copy of the constitution and the rules of the senate. And this two documents were given to me clear 48hrs before my inauguration as a senator.This documents are the same documents we have used in this senate to receive the budget of Mr President, if the rule is fake then the budget we have received is also fake and illegal. I want to also remind the executive that this same rule is what we quoted when we responded to a communication from Mr President to have a joint session with the president of South Africa.This same rule is what we used in the screening of all the ministers of the federal republic of Nigeria including the attorney general of the federation. This same rule if it is fake, the position of attorney general as the minister of justice is also illegal. I also want to say mr president this same rule is what we used in the screening of service chiefs on the floor of this chamber.The embattled Senate President, Bukola Saraki, in his own personal reaction as contained in a statement signed by his Media Adviser, Yusuph Olaniyonu, said this latest antics is a grand onslaught on the foremost institution of our democracy. The only institutional difference between dictatorship and democracy is the presence of the legislature.The AGF and Minister of Justice, Mr. Abubakar Malami (SAN) is apparently unshaken. It would seem that he considers the outbursts of the Senate as just hot air. Calling the bluff of the upper chamber, the AGF, didnt honour the summon of the Senate.However he defended the charges preferred against the President of the Senate, Bukola Saraki, and his deputy, Ike Ekweremadu, for allegedly forging the Senate Standing Order 2015.The minister, in a statement in Abuja by his Special Adviser on Media and Publicity, Mr. Salihu Isah, said the allegation by the Senate, suggesting that the charges preferred against Saraki and his co-accused persons amounted to a coup against the Senate, was totally untrue and baseless.Isahs statement was a reaction to a statement by the Chairman, Senate Committee on Media and Public Affairs, Senator Aliyu Abdullahi, on June 19, 2016, alleging that the forgery case amounted to an unconstitutional violation of principles of separation of powers, checks and balances.He said the minister acted within his powers under Section 174 of the Constitution and the charges preferred against the accused persons were based on the recommendations of the Inspector-General of Police.Defending the arraignment of Saraki and others, the AGF also reminded the Senate that its presiding officers were not under any immunity from prosecution, stressing that it was untrue that the forgery of the Senate rules was an internal affair of the Senate,The statement stated, For the benefit of doubt, as stated above, there was a petition bordering on allegations of forgery against the defendants. The petition was investigated by the police and the police recommended the case for prosecution.At this point, the question is how initiation of criminal proceedings against Dr Bukola Saraki, Ike Ekweremadu, Salisu Maikasuwa and Bernard Efeturi violated the principle of separation of powers as contained in the constitution'The action of the Attorney General of the Federation cannot obviously be said to be a coup against the National Assembly as the Senate has claimed.By preferring the charge, the accused persons are entitled to fair hearing under the law while the prosecution is obligated to prove its case against them beyond reasonable doubts.The minister added, therefore, the Attorney General of the Federation has not violated any known law in the land. Or is the Senate suggesting that its principal officers, members and staff of the National Assembly are above the law or enjoy same immunity as do the nations President and Governors'It is common knowledge over the years since the nation embraced democratic system of governance and backed by the current constitution those elected officers of government, who are exempted from legal encumbrances, whether it is civil or criminal, are known to all.It is pertinent to be reminded too, that forgery of the Senate Standing Rules cannot be described as the internal business of the National Assembly that is exclusively only in its purview.The Attorney General of the Federation cannot therefore be faulted for his decision to initiate legal actions against the accused persons for alleged forgery after a thorough police investigation of the issue, whether there was an amendment to the Senate Standing Rules in 2015 or not.The case of Adesanya vs Senate, which has been seriously touted in its (Senate) press statement does not support them and they should rather take their plea and defend the action accordingly.Other tussles withinBefore long, PDP senators declared a withdrawal of their support and cooperation for the APC government led by President Muhammadu Buhari, citing his alleged dictatorial tendencies and selective anti corruption war. A statement read by deputy minority leader, Sen. Emmanuel Bwacha, the PDP senators said the reason for their decision was because of the belligerent stance of the APC government.We condemn the plot to remove the senate president and his deputy through illegal means, Bawcha said, adding we will no longer cooperate with the APC government until they cease their belligerent acts.APC senators however slammed their PDP colleagues on their decision to withdraw support for President Buhari on alleged selective anti- corruption war, just as they condemned the allegation of dictatorial tendencies leveled against him.The APC Senators led by the Chief Whip, Senator Olusola Adeyeye (Osun Central), in collaboration with the only Labour Party Senator in the senate, Ovie Omo- Agege, who are allegedly anti-saraki senators said: We are shocked at the totally partisan reaction of our colleagues from the minority party, PDP, to the on-going investigations and recovery of public funds meant for the prosecution of the war against insurgency.Contrary to the assertion of our PDP colleagues, the investigation is not a partisan war against a particular political party. It is no longer a news item that there was a wanton diversion of public funds meant for fighting insurgency to fund campaigns of PDP. Members of the PDP were the sole and iniquitous beneficiaries of this diversion.As law abiding and patriotic citizens, we cherish the rule of law and the separation of powers among the different arms of government. Political interference based on partisan consideration must be eschewed.Interestingly, the press briefing by the APC senators accentuated the split within the ranks of the APC senators along lines of pro and anti Saraki supporters, a situation that has made it difficult to move against the senate president from within the chambers.Even within the APC, the battle line is drawn. The national chairman of the party, Chief John Odigie-Oyegun has since endorsed the legal action over the matter.Odigie-Oyegun was reported to have told the News Agency of Nigeria, NAN, that the party will not interfere in judicial matters of that nature.Take the two copies (the new copy and the old copy) of the Senate rules and see if there is a difference. If there is a difference, at what formal meeting was it approved and adopted'You should start from this so that when you are commenting it would not be sensation, it would be based on fact and reality.You see, we have to change the way we do things in this country; we have to start telling people what is right and what is wrong and to choose what is right as against what is wrong.This is where I expect you to start. Dont start making it party versus them issue. The point would be: was an offence committed' Establish that first and then you can move, Oyegun stated.`We will just wait and see as we are also making investigations to be sure what the situation is.But deputy national publicity Secretary of the party, Timi Frank, said the recent pronouncement of their partys chairman implies that the party has already decided Sarakis fate even before the commencement of the trial.According to him, Mr Oyegun is only acting out a script by such pronouncements, adding that no organ of the party has met to take any formal position regarding the travails of the Senate President.The recent interview granted by the Chairman of the APC has again vindicated my position on the crisis rocking the APC, which may finally put to rest the doubt that all is well within the APC. That the chairman of the ruling party would grant an interview on his personal opinion and asserting it to be the decision of the party, can at best be described as unfortunate and a carefully mapped-out plan to rubbish the current trial of the Senate President.It is on record, that there has not been any NEC, NWC , BOT or Caucus meeting of the party where such decision was taking to abandon the Senate President to his fate. This move undoubtedly proves once more, that the Chairman is acting on an already prepared script to incarcerate and make the Senate President pay for his disobedience for not adhering to the partys decision in contesting for the seat of the Senate Presidency.ConclusionClearly, the two arms of government have returned to the trenches. As the battle in the red chamber moves to the temple of justice, the debate over whether it is persecution or prosecution would continue to engage political observers.Already, there are permutation by the factions on how to take over the reins of power at the red chambers. Anti Saraki Senators are said to be strategising on a possible replacement should Saraki fall.Still, pending the outcome of the legal process, it seems that it would be difficult to remove Saraki and Ekweremadu from outside without getting the support of the senators who appears to be strongly behind the current leadership today.Nevertheless, as the battle intensifies, it is early days yet to rule out a no holds barred engagement between the executive and the legislature, including dangling the impeachment card.
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