You Lack The Power To Prosecute Saraki, Ekweremadu- Senate To AGF

​At the eventual encounter between the Senate Committee on Judiciary and the Attorney General of the Federation, Abubakar Malami, members of the Nigerian Senate have elucidated reasons why the affairs of the legislature shouldn’t be overtaken by the Executive reacting to the forgery case instituted against Senate President Bukola Saraki and Senator Ike Ekweremadu, his deputy.

Saraki and Ekweremadu, alongside 2 other staff of the National Assembly, are facing forgery and conspiracy charge before Abuja High Court.

In a motion by Senator Dino Melaye (Kogi West) the Senate had raised an alarm: “The Senate notes that it’s principal officers are being accused of a fraud that doesn’t exist. This emerging trend poses a threat to security and Nigeria’s unity. The Executive has decided to be chasing rats when the Economy is gradually falling into recession.”

Chairman of the Senate Committee on Judiciary, Human Rights and Legal Matters, Senator David Umaru pronounced the Senate’s stand today saying, “We are not disputing the fact that the AGF holds the power to institute or discontinue any criminal proceeding but the section that states that the AGF should act in consonance with public interest is the bottom line.”

Although the AGF excused that the forgery case is an inherited matter that was (4-month) instituted before his appointment, the Senate countered his constitutional and legal arguments on the legality of the prosecution.

The Senate emphasized the separation of power and independence of the legislature as enshrined in the constitution.

“Our concern is regards to the powers conferred on this committee in Section 88 and 89 and provision of the Senate rules – order 97 and 37 –together with section 62 of the 1999 constitution as amended which offers the Senate the power to regulate its own proceedings and to set up its committees.

“Order 97 specifies the powers of the committees that have been set up pursuance to the provision of section 52 which includes judicial matters, constitutional matters, administration of justice etc,” David Umar said.

Speaking vehemently, Senator Chukwuka Utazi argued that, “The senate has taken a resolution on the issue of its rules. This is our decision to make. This is our house and we are working with it. We have already considered and agreed that this is our resolution.”

Mr. Utazi recapped by quoting the constitution where it says:

“Neither the President or Speaker as the case may be of a legislative house nor any officer of a legislative house shall be subject to the jurisdiction of any court in respect of the exercise of any power conferred on or vested in him by this Act or the standing order of the legislative house or by the constitution”

According to him, this particular section guarantees that the private activities of the legislature should not be dabbled into by other arms of the government.

Utazi speaks further that the Senate has taken a resolution on matters revolving its Standing Orders. He said, “It is our decision and we say we are okay with it.”

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