- Senate president says he’s ready to go to jail, Buhari controlled by cabal
- President is no one’s stooge, presidency responds
Following their arraignment at an Abuja
High Court monday on allegations of forging the Senate Standing Orders,
2015, Senate President Bukola Saraki and his deputy, Ike Ekweremadu, in
separate emotionally-laden statements both declared their innocence and
excoriated the executive for using the apparatus of the state to ride
roughshod over the Senate over its choice of leadership.
Others arraigned alongside the leaders
of the Senate included a former Clerk of the National Assembly, Salisu
Maikasuwa, and Deputy Clerk, Benedict Efeturi. All four were granted
bail under terms spelt out by the court.
Saraki, in a statement he personally
signed, said he would fight the current battles confronting him to the
end and would be glad to end up in jail rather than surrender the
leadership of the Senate to the “nefarious agenda of a few individuals”.
He also claimed that there was a
government within the government of the Muhammadu Buhari’s
administration, which had seized the apparatus of executive powers to
pursue their nefarious agenda.
But in a swift riposte, the presidency
yesterday dismissed the Senate President’s allegation, stating that to
claim Buhari was anybody’s stooge “is not only ridiculous, but also
preposterous”.
Saraki accused those behind his arraignment as enemies who want to desecrate the Senate and subvert democracy.
“I will remain true and committed to the
responsibilities that my citizenship and my office impose on me.
Without doubt, the highest of those responsibilities is the steadfast
refusal to surrender to the subversion of our democracy and the
desecration of the Senate.
“This is a cross I am prepared to carry.
If yielding to the nefarious agenda of a few individuals who are bent
on undermining our democracy and destabilising the federal government to
satisfy their selfish interests is the alternative to losing my
personal freedom, let the doors of jails be thrown open and I shall be a
happy guest,” he said.
He proclaimed his innocence of the
alleged forgery and described the charges as nothing but a violation of
the principle of separation of powers as well as another desperate move
in the persistent persecution of the Senate leadership.
Saraki described the action of the
Attorney General of the Federation (AGF) and Minister of Justice,
Abubakar Malami, who charged him and others to court over alleged
forgery as misguided.
Justifying his claim that there was
another government within the government of President Buhari, Saraki
said the government had continued to chase the leaders of the Senate
instead of addressing the myriad of crises confronting the nation.
“Today, we the leaders of the Nigerian
Senate reiterate our innocence against the charges filed by the Attorney
General of the Federal Government of Nigeria at the Federal Capital
Territory (FCT) High Court on the allegations of forgery of the Senate
Standing Rules document.
“In our view, the charges filed by the
Attorney General represent a violation of the principle of the
separation of powers between the executive branch and the legislative
branch as enshrined in our constitution.
“Furthermore, it is farcical to allege
that a criminal act occurred during Senate procedural actions and the
mere suggestion demonstrates a desperate overreach by the office of the
Attorney General.
“These trumped up charges are only another phase in the relentless persecution of the leadership of the Senate.
“This misguided action by the Attorney
General begs the question, how does this promote the public interest and
benefit the nation? At a time when the whole of government should be
working together to meet Nigeria’s many challenges, we are once again
distracted by the executive branch’s inability to move beyond a
leadership election among Senate peers. It was not an election of Senate
peers and executive branch participants.
“Over the past year, the Senate has
worked to foster good relations with the executive branch. It is in all
of our collective interests to put aside divisions and get on with the
nation’s business.
“We risk alienating and losing the
support of the very people who have entrusted their national leaders to
seek new and creative ways to promote a secure and prosperous Nigeria.
“As leaders and patriots, it is time to rise above partisanship and to move forward together.
“However, it has become clear that there
is now a government within the government of President Buhari which has
seized the apparatus of executive powers to pursue their nefarious
agenda.
“This latest onslaught on the
legislature represents a clear and present danger to the democracy
Nigerians fought hard to win and preserve. The suit filed on behalf of
the federal government suggests that perhaps some forces in the Federal
Republic have not fully embraced the fact that the Senate’s rules and
procedures govern how the legislative body adjudicates and resolves its
own disputes.
“Let it be abundantly clear, both as a
citizen and as a foremost legislator, I will continue to rise above all
the persecution and distraction that have been visited on me.
“In the words of Martin Luther King
Junior, ‘The ultimate measure of a man is not where he stands in moments
of comfort and convenience, but where he stands at a time of challenge
and controversy’,” Saraki said.
In another statement, Ekweremadu advised
those in power not to use the law as an instrument to “bludgeon
innocent citizens into submitting to the untamed wishes and caprices of
witch-hunters”.
Speaking after his arraignment
yesterday, the Deputy Senate President expressed confidence that his
trial would afford Nigerians to see clearly that the charges proferred
against him were “nothing but meretricious thrash”, adding that
democracy was not military rule.
He said: “For me, I find great comfort
in the immortal words of late Dr. Nnamdi Azikiwe who said that ‘history
will vindicate the just and the wicked will not go unpunished’.”
Insisting that his trial was political
and could endanger democracy, he further added: “Let us make no mistake
about this: it is not Senator Ike Ekweremadu or Senator Bukola Saraki or
the other accused persons that are on trial; rather the hallowed
democratic principles of the separation of powers, rule of law, the
legislature, and indeed democracy itself are on a ridiculous trial.
“Mere anarchy is unleashed upon the
land, but our courage must not fall apart. No condition is permanent and
nothing lasts forever.”
He stated that as a law-abiding citizen
and a firm believer in the rule of law and all the rights and privileges
it advertises, “it is only in my place not to commit a crime, but way
out of my reach not to be accused of one, especially when the
instruments of power become apparatuses for oppression of the innocent
and voices of opposition”.
He added: “Indeed, I, in no way or
fashion claim to be above the law, just that I believe that the law
should not be used as an instrument to bludgeon innocent citizens into
submitting to the untamed wishes and caprices of witch-hunters.
“However, I put my trust in God, the
court, and the overwhelming solidarity of the good people of Nigeria.
When the dust settles, Nigerians will see clearly that this charge is
nothing but meretricious thrash. Time, occasions, and provocations like
this will teach their own lessons.
“I hope that one chief lesson will be
that democracy differs markedly from military rule and that public
officers should never subvert the foundations of democracy by
prioritising the rule of man over the rule of law.”
However, in reaction to Saraki’s
allegation that there was a government within the administration, the
president’s media aide, Mr. Femi Adesina, said the Senate President’s
claim would have been worth its while if it had been backed with more
information.
Adesina, in a statement, said: “If he
had proceeded to identify those who constitute the ‘government within
the government’, it would have taken the issue beyond the realm of
fiction and mere conjecture.
“But as it stands, the allegation is not
even worth the paper on which it was written, as anybody can wake from
troubled sleep, and say anything.”
Adesina said it was within the
constitutional powers of the AGF as the Chief Law Officer of state to
determine who had infringed upon the law, and who had not.
He pointed out that: “Pretending to
carry an imaginary cross is mere obfuscation, if indeed, a criminal act
has been committed. But we leave the courts to judge.
“To claim that President Muhammadu
Buhari is anybody’s stooge is not only ridiculous, but also
preposterous. It is not in the character of our president.”
Earlier yesterday, Saraki, Ekweremadu, Maikasuwa and Efeturi were granted bail by Justice Yusuf Halilu of an Abuja High Court.
They were arraigned on a two-count
charge of forgery and conspiracy to commit forgery. All the accused
persons pleaded not guilty to the charges and were consequently admitted
to bail while trial was adjourned to July 11.
The four defendants were put on trial by
the federal government on the allegation of forging the Senate rules
used on June 9 last year to conduct the elections through which Saraki
and Ekwerenmadu emerged Senate President and Deputy Senate President,
respectively.
Shortly after the charges were read to
them, they pleaded not guilty, prompting their lawyers Mr. Ikechukwu
Ezechukwu (SAN) for Maikasuwa, Mahmud Magaji (SAN) for Efeturi, Paul
Erokoro (SAN) for Saraki and Joseph Daudu (SAN) for Ekwerenmadu, to move
applications for bail for the defendants.
Justice Halilu, after taking arguments
from the counsel, admitted all of them to bail with two sureties each
who must be Nigerians, male or female, and who must have landed
properties either in Maitama, Asokoro, Wuse or Apo Legislative Quarters
to be able to qualify to stand as sureties in the matter.
The judge, in his ruling, held that
Sections 35 and 36 of the 1999 Constitution presumed the defendants
innocent of the charges preferred against them and that it was normal
and natural for them to be allowed on bail so as to prepare for their
defence.
The judge took judicial notice of the
positions of the defendants, adding that there was nothing by way of
evidence to suggest that they would jump bail if allowed to go home.
Justice Halilu noted that the essence of
bail was for the defendants, who were presumed innocent by law, to
ensure their attendance in court throughout their trial and that the
Administration of Criminal Justice Act (ACJA) also lends support for
bail for any Nigerian accused of bailable offences as in the instant
case.
The judge however said that in the event
that any of the defendants is unable to comply with the bail
conditions, they should be remanded in Kuje Prison pending the time they
would meet the bail conditions.
By press time, Maikasuwa had complied with the bail conditions and had left the court premises.
The Senate President and his deputy
obviously had no difficulties fulfilling the bail conditions, but chose
to wait for the other accused persons to perfect their bail.
Earlier, counsel to the federal
government, who is also the Director of Public Prosecutions of the
Federation (DPPF), Mr. Mohammed Diri, had told the court that he had no
opposition to Saraki’s bail on the grounds that he was the President of
the Senate and did not want to cripple the activities of the Senate.
Diri, however, vehemently opposed
Ekwerenmadu, Maikasuwa and Efeturi’s bail on the grounds that they were
likely to evade trial, having allegedly evaded the service of the
charges preferred against them.
The prosecution told the court that if
convicted, the three defendants were likely to be jailed for 14 years
and that because of the gravity of the punishment, the court should be
cautious in granting them bail.
Erokoro, while moving a bail application
for Saraki, told the court that apart from the charges, Saraki’s name
was never mentioned, either in the proof of evidence or in the police
report, adding that he had not in any way been linked to the alleged
offence of conspiracy and forgery.
Erokoro further argued that no attempt
was made by the prosecution to serve Saraki with the charge in question
as required by law and that Saraki has been standing trial before the
Code of Conduct Tribunal (CCT) on other charges for almost a year and
had never absented himself once at the tribunal.
He urged the court to grant Saraki bail
on self-recognition or under liberal terms because as the Senate
President, he was too big to run away in order to evade trial.
However, Chief Daudu (SAN), who was
representing Ekwerenmadu, urged the court to note that the DPPF had no
objection to the other three defendants on the grounds that they were
charged with the same offence as Saraki.
Daudu told the court that he understood
the political language of the DPPF on Ekwerenmadu, adding however that
“what is good for the goose is also good for the gander”.
He also dismissed the insinuation by the
prosecution that the three other defendants evaded service of the
summons, adding that there was no affidavit of evidence to that effect
before the court and that the insinuation should be regarded as mere
speculation.
Other lawyers argued along the same lines with Daudu in their submissions for the bail of their clients.
The trial attracted 30 senators, dozens of reporters and supporters from across the country.
Owing to the multitude that turned up
for the arraignment, the courtroom was overcrowded as supporters and
journalists struggled to follow the trial.
At some point, the judge was forced to
adjourn so that the security personnel could empty the courtroom of the
crowd that had turned up.
Seeing that the senators who had
accompanied Saraki and Ekweremadu were not willing to budge, the police
turned on reporters asking them to leave the courtroom.
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