Buhari’s Aides, Senators, Police To Testify As Witnesses
Legal fireworks begin today at the Abuja High Court as the Federal Government arraigns the Senate President, Bukola Saraki, his deputy, Ike Ekweremadu and two others over alleged forgery of the Senate Standing Rules.
The Federal Government had, last week, filed a two-count criminal charge against Saraki, Ekweremadu, a former Clerk of the National Assembly, Salisu Maikasuwa and his deputy, Benedict Efe turi, bothering on criminal conspiracy and forgery. In the charge, Maikasuwa is listed as the first defendant, Efeturi (2nd defendant), Saraki (3rd de-fendant) and Ekweremadu (4th defendant).
Justice Yusuf Halilu had, last week Tuesday, fixed today for arraignment after ordering substituted service of the charges on the defendants. The order, made by the court, followed the complaint by the prosecution that several attempts of personal service on the defendants had failed.
While granting prosecution’s request for substituted service on the defendants, Justice Halilu ordered that the charges be pasted on the notice board of the National Assembly. However, the central government had listed among its witnesses against Saraki, two aides of President Muhammadu Buhari – Senators Ojudu Babafemi and Ita Enang.
Others listed, as witnesses are Senators Solomon Ewuga, Ahmed Lawan, Abdullahi Gumel, Kabiru Marafa, Gbenga Ashafa, Robert Borrofice, Abu Ibrahim and Othman Hunkuyi. There were indications last night that Saraki and Maikasuwa may not attend the court session today for the arraignment.
A source, who pleaded anonymity, stated that Saraki’s absence in court will be as a result of an application filed by his counsel last week which the court has not sat on. For Maikasuwa, the source stated that the order of substituted service made by the court cannot catch on Maikasuwa as he is no longer a staff of the National Assembly, and as such it is deemed under law that he has not been served.
Saraki, in his application filed by his counsel, Ahmed Raji (SAN) last week, asked the court to set aside the charge, describing it as unnecessary distraction. If the two defendants are absent in court, then it follows that the arraignment will be stalled, as the new Administration of Criminal Justice Act ACJA did not provide for separate trials of defendants charged together. But, Saraki’s Media Adviser, Alhaji Yusuf Olaniyonu, simply told New Telegraph that: “When you come to court, you will report what you see.”
In a motion on notice filed at the registry of the court, Saraki is challenging his physical appearance at the court, thereby praying for an order of court dispensing with his physical appearance and arraignment. He also prayed the court for an order setting aside the service of the Charge/ Information Sheet, which was effected by substituted means on him.
In addition, he is praying the court to strike out or quash the charge against him in the Charge No. CR/219/16 between FRN v. SALISU ABUBAKAR MAIKASUWA & 3 ORS. He premised his prayer on ground that no prima facie case was established against him.
Furthermore, Saraki is asking the court for an order suspending or adjourning sine die all the proceedings against him in the case. He submitted that the notice of trial and information ought to be served on him personally.
He also submitted that there is no link between the proof of evidence and the allegations made against him in the charge. The charges are: Count 1 reads: “That you Salisu Abubakar Maikasuwa, Benedict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu, on or about the 9th of June, 2015, at the National Assembly Complex, Three Arm Zone, Abuja within the Jurisdiction of this Honourable Court, conspired among yourselves, to forge the Senate Standing Order, 2011 (as amended) and you thereby committed the offence of Conspiracy, punishable under Section 97(1) of the Penal Code Law.”
Count 2 reads: “Forgery contrary to 362 of the Penal Code Law” while the particulars of offence reads, “That you Salisu Abubakar Maikasuwa, Benedict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu, on or about the 9th of June, 2015, at the National Assembly Complex, Three Arm Zone, Abuja within the jurisdiction of this Honourable Court, with fraudulent intent, forged the Senate Standing Order 2011 (as amended) causing it to be believed as the genuine standing order, 2015 and circulated same for use during the inauguration of the 8th Senate of the National Assembly of the Federal Republic of Nigeria, when you knew that the said Order was not made in compliance with the procedure for amendment of the Senate Order, you thereby committed an offence punishable under Section 364 of the Penal Code Law.”
A Senior Advocate of Nigeria, Chief Mike Ozekhome had condemned the charge filed against Saraki and Ekweremadu. His words: “I do not think that they have even looked at Section 3, Legislative Houses Privileges Act, Laws of the Federation of Nigeria which grants total immunity to legislators in act conducted on the floor of the house within the precinct of the National Assembly, whether in spoken form, in written form, by motion, bills, amendments,all of them spectacularly and completely privileged.
“Under Section 3 of that law, they also perhaps do not know that what they regarded as amended rules which provoked the whole of this political maneuvering is always the way it has always been done.
In 2003, you have 2003 amended rules, which is normally amended by the bureaucracy during the period of interregnum, when the National Assembly is on break and politics are going on.
“Neither the Senate President, nor his deputy nor the clerk amends the rule; it is done by the National Assembly bureaucracy, the civil servants who amend the rules to await the National Assembly.
“So after 1999, the one of 2003 was called amended rules, 2007 amended rules, 2011 amended rules, then you have 2015 amended rules. These rules are normally amended by the bureaucracy when the members of the National Assembly are being elected. It is that laws that guide the new Senate and House of Representatives’ members coming on board, not the old one.
“I think the people who raised this issue are the neophytes. They were new people in the Senate who did not know that is how it is always being done conventionally in a parliamentary system. They probably thought that some people went somewhere that morning to amend those rules.
Those rules are normally amended.” Ozekhome added that the case is more political. “It is all politics. My take on this is that the All Progressives Congress (APC) should take more than passing interest in what is going on.
If they succeed in removing the leadership like I warned last year, they will find a situation where the next Senate President and deputy will be PDP people. “This is not the time for all this, rather it is the time the presidency should engage the National Assembly to produce masses centred bills. Nigeria is no longer a banana republic,” he stated.
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