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By Carl Umegboro
THE Senate on Tuesday summoned the Attorney-General of the Federation (AGF) and Minister of
Justice, Mr. Abubakar Malami to appear before the Senate Committee on
Judiciary, Human Rights and Legal Matters tomorrow, over his resolute position to
prosecute Senate President, Bukola Saraki, his deputy, Ekweremadu and
four others for allegedly forging the Senate rules.
In the same manner, Ekweremadu issued
petitions to the United Nations (UN), European Union (EU) and governments of
the United States and United Kingdom, alleging attempts by the government of
President Muhammadu Buhari to truncate Nigeria’s democracy particularly emasculating
the Parliament. The United States Congress and European Union (EU) Parliament
were copied...
In his petition titled “Re:Trumped
up Charges Against the Presiding Officers of the Eighth Senate: Nigerian
Democracy is in Grave Danger”, the petitioner alleged political vendetta calculated
to intimidate the legislature by Buhari-led executive arm of government and
therefore called on the international community to intervene maintaining that the
trial was politically motivated, a witch-hunt, barefaced intimidation
and an attempt to emasculate the legislature collectively and individually He
further alleged that he and his colleagues including the Senate President
were not given fair hearing.
However, it is pertinent to note
that the actions taken by the Attorney-General of the Federation clearly fell
within the scope of his official duties and terms of reference. Essentially,
the petitioner should be informed that avoiding the court of law over
allegations is not only barbaric but leaves much to be desired of lawmakers in
a democratic society.
Interestingly, one of the cardinal
principles of law which any court of law must evidently be subjected to in the
course of its business is “audi alteram
patem” which is literally to hear the other side. This implies that
arraigning political opponents based on frivolous charges cannot end up
successfully since it cannot be decided ex parte but with the both parties on
ground to present their allegations and defences.
What is the contention all about if the accused persons truly
forged the Senate order rules which led to their emergence as principal
officers of the upper chamber, or on the other hand, they were being incarcerated
innocently with frivolous charges aimed at mockery? The court of law is not the
property of the executive arm of government and must follow judicial precedence
in arriving at decisions. Perhaps, to the Sarakis and Ekweremadus; forgery in
the Senate by Senators is not a crime but mere senate affairs. Unfortunately,
that’s a misconception.
If this is the case, the position is
indeed an insult to the sensibilities of the Nigerians languishing in various
prisons over similar offences. As a matter of fact, these allegations if proved
beyond reasonable doubt should attract severe punishments to the perpetrators
to serve as deterrence. This is on account that lawmakers cannot at the same
time, be lawbreakers.
A critical question it poses for
answers is if Saraki, Ekweremadu and associates in the Senate did not believe
in the rule of law but positioned themselves as lawmakers, then who is the laws
to be passed by them meant for; obviously the commoners that may not be able to
write to the international communities.
Whatever be the case, the court of
law allows the accused to defend himself and go scot-free if allegations failed
to be clearly substantiated. The AGF dragging the matter to the court albeit
may be borne out of political vendetta and to settle some personal scores
should not be faulted. The reasonable step for the accused is to confidently
appear and defend their actions if they strongly believed it was superiority
squabbles or attempts of intimidation.
The AGF was earlier summoned and
again re-summoned by the Senate to explain why he determinedly progressed in
prosecuting its principal officers as if the office of the Attorney-General of
the Federation is created against the downtrodden in the society alone. Rather
than alleging threats by the federal government to scuttle the nation’s
democracy, the Senate’s action points to a great threat to the country, sadly, this
time not by Boko Haram, Niger-Delta Avengers or the Independent People republic
of Biafra (IPOB).
Analogously, a Federal High Court
sitting in Abuja on Monday ordered Gov. Okezie Ikpeazu of Abia state to vacate
office over falsification of documents submitted prior to his emergence as the
governor as challenged by one of his party’s aspirants in the primary election.
Commendably, he has approached the Court of Appeal to challenge the ruling
since he believed strongly the trial court erred in its judgment. This should
be the reasonable strep for the indicted lawmakers rather than ridiculously whipping
up sentiments locally and internationally.
Interestingly, in the US, UK and
other civilised nations, the indictments are sufficient for voluntary
resignations from offices by the accused public officeholders. The comparative advantage
is that every accused person must be subjected to a fair-hearing in the
court of law and therefore no cause for alarm. Essentially, all criminal
allegations must be proved beyond treasonable doubts as a standard of proof.
Hence, the outcry is tantamount to political propaganda to divert attentions, and
therefore should be condemned as absurd, disgraceful and ill-fated. Let the
indicted lawmakers face their music.
Umegboro, Public Affairs Analyst is the Publisher, Pinnacle infoGallery
BLOG.
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