SENATE PRESIDENCY: Why Saraki Should Honourably Step Aside

Dr.Bukola Saraki
PRESIDENT of the Senate, Dr. Bukola Saraki on Friday lost his bid to stop his trial at the Code of Conduct Tribunal, CCT over allegations of failure to declare his assets as a President of the Senate as well as during his tenure as the executive governor of Kwara State from 2003 to 2011.
The Supreme court in delivering the judgment on an appeal filed by the embattled Senate President challenging the jurisdiction of the CCT on the matter, upheld that the ruling of the Court of Appeal which ruled that the CCT has a competent jurisdiction on the matter and on the applicant.
Saraki, in reaction has expressed disappointment over the ruling, unfortunately, the apex court judgments cannot be appealed except to the creator of the universe.
However, the Supreme Court judgment was in order pursuant to the provisions of the 1999 Constitution of the Federal Republic of Nigeria, the Public Service Act and therefore should be commended. In particular, the justice system should be extolled over the verdict irrespective of the motive behind the prosecution as it is widely believed to be political.
Dr. Saraki is the Presiding officer of the National Assembly who by hierarchy is the third in the order of the Federal Republic of Nigeria at the moment. Unfortunately, his office is not clothed with ‘Immunity’ as it is the case for the offices of the President, Vice-President, Governors and Deputy-Governors. 
This therefore implies that apart from the parliamentarian immunity which he enjoys alongside his fellow distinguished Senators as well as the honourable members of the Houses of Representatives and Assembly in various states albeit only at the chamber of the National or House of Assembly as the case may be, the President of the Senate is criminally liable for his commissions or omissions irrespective of the number three position he occupies.

In view of this, the Code of Conduct Tribunal had both issued a warrant of arrest to the Senate President and above all, publicly docked him in the accused box. This alone is tantamount to disrepute to the Senate and essentially, the sovereignty which he supposedly holds in trust for the people. Reasonably, the distinguished Senators cannot just fold their hands and watch this episodes continue to play itself out as if it does not matter. Perhaps, on account that Saraki belongs to the All Progressive Congress but strategically in strong alliance with his former party, Peoples Democratic Party, PDP.

The office of the Senate President cannot be over politicized in the manner it is going in this present 8th National Assembly. If not, the flavour and glamour that goes with the office would be destroyed. The sanctity of the office is greater than which party, faction, group or tribe that produces the occupier of the office.
With the present position of things, the leadership of the upper legislative arm of the National Assembly cannot afford to overlook it. At most, they could rally around towards electing a new Senate President from Saraki’s group. Indeed, it matters. In the civilized world, when a public officeholder is accused with obvious substantiation, usually, the honourary step to take is to vacate the public office towards facing the prosecution in pursuant to maintaining the sanctity of the office.
No doubt, by section 36(5) of the Constitution, every one charged of a criminal offence shall be presumed to be innocent until he is proved guilty. Hence, Saraki’s membership of the Senate remains intact, but on moral ground, should vacate the office of the President of the Senate. 

This is because, by the Supreme Court verdict, he is clearly a competent suspect at the moment who could be either discharged and acquitted on one hand, or be convicted if found guilty after proving the charges beyond reasonable doubt. Nigerians should learn to do things in line with the conventional norms.  
Politically, it could be said that Saraki’s woes are traceable to his ambition or over-ambition to becoming the leader of the Senate. However, the motive or circumstances that led to the present predicament have been overtaken by events. The matter could have been subjected to political resolution before the charges were filed in the court. Nevertheless, who is the overall beneficiary, of course, Nigeria. Hence, no cause for alarm. A development of this nature would line up as precedents that would reshape the nation to be consistent with other nations of the world.

Remarkably, President Mohammadu Buhari has showed leadership by example by his official handover to the Vice President, Professor Yemi Osinbajo while on a short vacation in the United Kingdom. Other public officers should queue behind this outstanding action taken by the President and emulate him. Public offices should not be mistaken as fiefdoms. Let’s do things the right way.


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