I read with great amuzement that Attorney-General of the Federation, Mallam Abubakar Malami has once again been summoned by the Nigerian Senate to appear before it on Thursday 30th June, 2016, through its committee on Judiciary, Human Rights and Legal Matters, for instituting a forgery case against the presiding officers of the Upper Chamber, and two top management staff of the National Assembly.
The invitation is unbecoming and a flagrant abuse of Separation of Powers under our known laws.
For the records, the is also prejudicial. With a very strong caveat, members of Nigerian parliament should come out of their infantile view point and know when to cross the line.
I wonder why Senator David Umaru led Committee would have allowed itself to be used to cause infraction on matters that are purely beyond the Senate and presently being prosecuted in the court of competent jurisdiction.
Although the power of Senate to conduct investigation is broad and inherent in the legislative process.
But broad and inherent as this power of inquiry, it is with limitation as the Senate cannot constitutes itself into the police or a trial court.
Investigation conducted solely for the personal aggrandizement of the investigators or to “punish” those investigated is indefensible and cannot stand.
In GUARDIAN NEWSPAPERS LTD V. ATTORNEY GENERAL OF THE FEDERATION (1999) 9 NWLR (Pt. 618) 187 at PP 249-250 the Supreme Court spelt out the oversight and investigative function of legislators and its limitation by holding that the legislative’s power to investigate is not absolute as it has some legal impediments.
In TONY MOMOH V. SENATE OF THE NATIONAL ASSEMBLY (1982) NCLR, 105, the Court of Appeal clearly held that section 82 of the 1979 constitution (akin to section 88 of the 1999 constitution) is not designed to enable the legislature usurp the general investigating functions of the executive nor the adjudicative functions of the judiciary. Any invitations by the legislature to any person outside the purpose defined by section 82(2) that is now 88(2) of the 1999 constitution is invalid.
Also in OBAYUWANA V. ALLI & ORS (1983) 12 SC147 at 191-192, EL-RUFAI V. HOUSE OF REPRESENTATIVES (2003)12 WRN I (SC) it was held that the power of investigation by the legislature cannot be invoked to apply to issues that are outside the purview of the legislature in the exercise of the power to make law.
Today in Nigeria, it is an open secret that the Senate’s oversight power has attracted some level of abuse.
Not only that lawmakers see the function as a way of enriching themselves and aiding personal aims. They also use same to intimidate and harass their foes to bow to pressure.
The case involving the Senate President, Senator Bukola Saraki, his deputy, Senate Ike Ekeremadu and two others is well known and for those who may not know, Abubakar Malami, SAN the Honourable Attorney General of the Federation is perfectly in order with his conducts and actions on the matter.
Senator Saraki, Ekweremadu and others have been summoned and docked before Justice Yusuf Haliru over their alleged complicity in forgery of the Senate Standing Rules, 2015. Though they pleaded not guilty to the two-count charge preferred against them by the federal government.
Subsequently the High Court, granted bail to Senate President, Bukola Saraki, his deputy, Ike Ekweremadu and two other accused persons; Salisu Maikasuwa, former clerk of the national assembly, and Benedict Efeturi, deputy clerk of the legislature and the trial adjourned till July 11, 2016.
Our lawmakers should know the position of the law better and act honourably with regards to over interfering on a matter that is before the court. They therefore need not to be so hasty with the intent to jeopardise the outcome of the matter which before and to be decided by a Court of competent jurisdiction.
I therefore urge the AGF, Mallam Abubakar Malami to discountenance the invitation and threat of Senator David Umaru led Committee on the matter under reference and continue to pursue his duties as provided by the laws of the land.
He should also note that no person or group of persons can intimidate his office under the guise of ‘oversight’.
-Dr. Kayode Ajulo
Constitutional Lawyer and Former National Secretary, Labour Party
