BEVERLY HILLS, June 24, (THEWILL) – Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) has advised the Senate President, Bukola Saraki, and three others accused of forging Senate Order 2011 to defend themselves before the court rather than accuse the executive arm of government of witch haunting them.
Charged with the Saraki and the deputy Senate President, Ike Ekweremadu, are the former Clerk of the National Assembly, Salisu Maikasuwa and Clerk of the Senate, Bernard Efeturi.
Malami, in a statement by his media aide, Salihu Isah, said it was within the constitutional powers of the AGF to initiate criminal proceedings against anybody where any of the investigating agencies has established a prima facie case against such suspect.
“Looking critically at the doctrine of the separation of powers, it is a practice that exists on a tripod viz, the Executive, Legislature and Judiciary with clearly distinctive functions and responsibilities as captured under the Constitution of the Federal Republic of Nigeria, 1999 (as amended),” the statement read.
“So, by virtue of this, we are committed to the rule of law and will thus keep to the tenets of the rule of law as enshrined in a constitutional democracy like ours.
“The Office of the Attorney General of the Federation is empowered under Section 174 (1) of the Constitution and vested with the power to undertake and initiate criminal proceedings in any court of law in Nigeria.
“By virtue of this power as the Chief Law Officer of the nation, he has simply initiated criminal proceedings for forgery against the affected principal officers in the Senate for altering the Senate Standing Rules in the Federal High Court.
“It is worthy to note here that the action of the Attorney General of the Federation can stand the test of any law since he did not act on a vacuum.
“He acted based on a recommendation by the Inspector General of Police (IGP) who having fully satisfied investigative procedure arising from the petition, sent to the Nigerian Police by some aggrieved members of the Red Chambers of the National Assembly, alleging that the affected officers altered the rules of the Senate for Dr. Bukola Saraki and Ike Ekweremadu to emerge leaders of the Eighth Senate of the National Assembly.
“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.
“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 for alleged forgery after a thorough police investigation of the issue whether there was an amendment of the Senate Standing Rules in 2015 or not.”
Story by David Oputah
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