Forgery case: AGF adamant, tells Saraki, Ekweremadu to take argument to court
The hope being entertained in some quarters that there may be a
political solution to the planned arraignment of the Senate President,
Bukola Saraki and the Deputy Senate President, Ike Ekweremadu over
alleged forgery of the Senate Standing Rules, has been dashed by the
Minister of Justice and Attorney General of the Federation (AGF),
Abubakar Malami, SAN.
Malami, who was responding to claims by the Senate President and
others that the charge of forgery against them amounted to an abuse of
the principle of separation of powers, asked Saraki and Ekweremadu to
explain that to the court.
Justifying his decision to initiate criminal proceedings against
Saraki and three others over the allegation, the AGF urged the
defendants to take their argument before the court.
He stated this in a statement issued late Thursday by his media aide,
Salihu Isah, insisting that he was within his constitutional powers to
initiate criminal proceedings against anybody where any of the
investigating agencies has established a prima facie case against such
suspect.
according to him, “The case of Adesanya vs Senate which has been
seriously touted in its press statement does not support them and they
should rather take their plea and defend the action accordingly.”
The statement reads: “It is not in doubt that each arm of government
is constitutionally vested with distinct powers. Looking critically at
the doctrine of the separation of powers, it is a practice that exist 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).
“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.
“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.
“Under the 1999 Constitution, only the Attorney General of the Federation has the powers to institute criminal proceedings.
“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?
“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.
“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 enjoys same immunity as do the nation’s 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 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.”, the statement read.
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